On June 18, the New York State Senate passed SB 5958, which moves the presidential primary from February 2 to April 19. Parties are free to decide for themselves how presidential candidates get on their primary ballot. They can choose petitions, or to place candidates on the ballot who are eligible for primary season matching funds, or candidates who are discussed in the news media. If they choose petitions, the number is 5,000 or 5% of the party’s membership.

UPDATE: this article says New York Democratic legislators don’t like April 19 (the Senate has a Republican majority). The outcome is difficult to predict. The legislature will adjourn Tuesday, June 23. Thanks to John Putnam for the link.

Several New York politics blogs and publications have recently said that Bernie Sanders is in danger of being kept off the New York presidential primary ballot because he is not a Democrat and the Democratic Party has the power to keep non-members off its prseidential primary ballot. Here is the article in Power Line; here is the article in Gothamist. Here is the CapitalNew York story.

The articles are incorrect. The Wilson-Pakula law does not pertain to presidential primaries. The Wilson-Pakula law, sec. 6-120, does keep non-members off the primary ballots of parties (unless party committees approve letting them on), but it only relates to offices for which nominations are made. No state’s presidential primary nominates a major party’s presidential candidate. Only the party’s national conventions do that. The candidates in New York Democratic presidential primaries are individuals running for Delegate to the national convention.

On January 5, 1996, Donald L. Fowler, national chair of the Democratic Party, sent a letter to each state Democratic Party, declaring that Lyndon LaRouche “is not a bona fide Democrat” and therefore if any LaRouche delegates were elected in any Democratic presidential primaries, they would not be seated. LaRouche supporters did win a few delegate slots, but the party refused to seat them and the U.S. Court of Appeals, D.C. circuit, upheld the party’s actions.

Nevertheless, LaRouche appeared on the New York Democratic presidential primary ballot in New York in 2000 and 2004 (there was no New York Democratic presidential primary in 1996). If the Wilson-Pakula applied to presidential primaries, LaRouche would have been barred from the New York Democratic presidential primaries. The only time he ever ran for public office, other than President, was in 1990, when he was an independent candidate for Congress. He lived in Virginia which does not have registration by party.

On June 18, a North Carolina conference committee amended HB 836 to add a new provision, substantially relaxing the state’s rules that voters at the polls must show a government photo ID. Voters without such ID can still vote if they reveal the last four digits of their Social Security number, their birthdate, and certify that they have a reason why they haven’t been able to obtain government ID.

HB 836 started out as a bill relating to street closings, going out of business sales, and audits of local government payrolls. As it made headway through the legislature, the bill was substantially revised on four occasions. Thanks to Rick Hasen for this news. A trial had been about to start over the ID law.