Trial Date Set in One of the Illinois Green Party’s Ballot Access Lawsuits

U.S. District Court Michael J. Reagan, a Clinton appointee, will hold a trial in Tripp v Smart, s.d., 3:14cv-890, on July 17, Friday, at 10 a.m. This is the Green Party ballot access lawsuit that challenges the Illinois law on how nominees of unqualified parties get on the ballot for legislature. The two candidate-plaintiffs, Tabitha Tripp and Gary Shepherd, tried very hard to complete the 5% (of the last vote cast) petition for the November 2014 election, in state representative districts 115 and 118.

They argue that in practice, these petition requirements are virtually impossible to overcome. The Green Party is strong in Carbondale, which is split between these two districts. Both districts are largely rural and very large physically. The party argues that the absence of high-density population centers, the confusion caused by the two districts splitting Carbondale, the need to notarize each petition sheet, and the short 90-day period for collecting signatures, taken together, are unconstitutional. Briefs on both sides were filed on May 26. Of course, the Green Party’s briefs mention that a U.S. District Court earlier this year found Pennsylvania’s notarization requirement unconstitutional.

This is one of three constitutional ballot access cases pending in Illinois. The other Green Illinois case, in the northern district, also challenges the notarization requirement, but it is not as far along. The Libertarian case that challenges the requirement that newly-qualifying parties run a full slate of candidates was filed in 2012 and still hasn’t had a decision on declaratory relief. A decision could come at any time. Thanks to Vito Mastrangelo for the news about the Tripp case.

Nevada Legislature Will Vote on Presidential Primary Bill on Sunday, May 31, or Monday, June 1

The Nevada legislature is close to adjournment, and therefore it is meeting on Sunday, May 31. The Assembly convenes at 2 p.m. and is expected to vote on SB 421, which replaces caucuses with presidential primaries. The bill passed the State Senate on May 12 and passed the Assembly Elections Committee on May 28. If it isn’t taken up on Sunday, it must be taken up on Monday, June 1, the legislature’s last day.

Michigan Bill to Allow Names on 2015 Flint Ballots Moves Ahead

As reported earlier, no candidates qualified to have their names on the Flint, Michigan ballot this year for Mayor and City Council. This is because the city clerk erroneously told candidates that the deadline was a week later than the actual deadline. The non-partisan primary is in August and the run-off is in November. No August primary would be held if no candidates qualified. Instead, the Mayor and City Councilmembers in the two districts that are up this year would be chosen by write-in votes in November.

However, bills to allow candidates to be on this year’s ballot are moving through the Michigan legislature. On May 27 the House Elections Committee passed HB 4589 and SB 329, identical bills which say late candidates can be on the ballot when the city misinformed candidates, but only for 2015 elections. The Senate had already passed SB 329. The House Committee amended the bill to specify extra training for city officials.

The state has told local officials not to print any ballots until June 5, to see if the bill passes.

May 2015 Ballot Access News Print Edition

Ballot Access News
May 1, 2015 – Volume 30, Number 12

This issue was printed on yellow paper.


Table of Contents

  1. OKLAHOMA SENATE PASSES BILL EASING BALLOT ACCESS
  2. OKLAHOMA’S 22-YEAR RECORD OF FAILED BALLOT ACCESS BILLS
  3. NEVADA BILL BALLOT ACCESS BILL ADVANCES
  4. NORTH CAROLINA BALLOT ACCESS BILL
  5. ALABAMA BALLOT ACCESS BILL
  6. NEBRASKA LEGALIZES PAYING CIRCULATORS PER-SIGNATURE
  7. RESTRICTIVE ARIZONA BILL SIGNED
  8. CALIFORNIA BILL TO FORCE WRITE-IN CANDIDATES TO PAY
  9. PRESIDENTIAL PRIMARY DATE CHANGES
  10. BILLS ON WHO CAN VOTE IN PRIMARIES
  11. NINTH CIRCUIT UPHOLDS ARIZONA REGISTRATION FORM
  12. REFERENDUM BEGINS TO REPEAL NEW SOUTH DAKOTA BALLOT LAW
  13. REPUBLICAN PARTIES OF TWO STATES FAIL TO GET JUDICIAL RELIEF
  14. MONTANA THWARTS REPUBLICAN LAWSUIT
  15. BOOK REVIEW: UNSTOPPABLE
  16. MORE LAWSUIT NEWS
  17. HOW MANY PARTIES IN EACH COUNTRY’S LEGISLATURES
  18. MAINE LEGISLATOR BECOMES AN INDEPENDENT
  19. MARIJUANA PARTY PETITIONS IN NEBRASKA
  20. FILM: ROSEANNE FOR PRESIDENT
  21. BRITAIN HOLDS A 7-PARTY DEBATE
  22. SPECIAL ELECTION RESULTS
  23. MINOR PARTY ELECTION WINS
  24. SUBSCRIBING TO BAN WITH PAYPAL