Utah Legislature Repeals Straight-Ticket Device and Party Logo

On February 24, the Utah legislature passed SB 25, which repeals the straight-ticket device, and also eliminates party logos from the ballot. The bill passed unanimously in both houses. A “logo” is a small drawing representing a political party. In 2014, the Democratic logo was a donkey, the Republican logo was an elephant, the Libertarian logo was the upper portion of the Statue of Liberty, the Constitution logo was an eagle, and the Independent American logo was the U.S. flag.

Assuming Governor Gary Herbert signs the bill, the only states that will have the device are Alabama, Indiana, Iowa, Kentucky, Oklahoma, Pennsylvania, South Carolina, and Texas. There are bills in each house of the Indiana legislature to repeal the device (SB 391 and HB 1020), but neither one has made any progress this year.

Mississippi Supreme Court Puts Willie Wilson on Mississippi Democratic Presidential Primary Ballot

On February 25, the Mississippi Supreme Court ruled that the state must put Willie Wilson on the March 8 Democratic presidential primary ballot. He had been erroneously omitted. The law said he either needed 500 signatures from the entire state, or 100 signatures from each U.S. House district. Mississippi has four districts. Wilson chose the option of simply collecting 500 signatures, and ignoring the other method that requires 400 and a distribution requirement. He submitted 1,050 signatures.

But the state requires presidential candidates who petition to submit their petitions to the party, not to election officials. Democratic Party officials, who received his petition, erroneously thought the law required a distribution requirement, so they rejected the petition, but did not tell him until after they had already certified the list of candidates to the state. The party later admitted its mistake, but then the state said it had already printed and mailed overseas absentee votes, and that the state thought it would not be proper to have Wilson on the normal ballots when he had been left off the absentee ballots.

The Court said due process demands that Wilson be put on the regular ballots, but did not require the state to put him on the absentee ballots. The decision is 6-3. The case is Wilson v Hosemann, 2016-IA-148.

Mississippi does not require candidates discussed in the news media to submit any petition, so Hillary Clinton, Martin O’malley, and Bernie Sanders did not need to petition. The only other Democrat who did petition in Mississippi is Rocky De La Fuente, and he had already been put on the ballot because the party had accepted his petition. Thanks to Andrew Finko for this news.

Utah Senate Passes Resolution Asking Congress to Eliminate Popular Vote Elections for U.S. Senate

On February 24, the Utah Senate passed SJR 2, which asks Congress to pass a proposed constitutional amendment to repeal the 17th Amendment. The 17th Amendment, which went into effect in 1913, provides that voters choose U.S. Senators. Utah SJR 2 asks that the state legislature regain the power to choose U.S. Senators.

The vote was 20-6, with three Senators not voting. All Democrats voted “No.” All Republicans voted “Yes”, except that Republican Senator Brian Shiozawa voted “No”. The three Senators who didn’t vote are Republicans: Curtis Bramble, Lyle Hillyard, and Stephen Urquhart.

Supporters of this idea appear ignorant that, before the 17th amendment, state legislatures frequently deadlocked on choice of a U.S. Senator, so that a state sometimes went unrepresented for at least one of its U.S. Senate seats up to a year. Also, supporters of SJR 2 appear not to know that before the 17th amendment, prospective U.S. Senators were frequently found to have bribed state legislators. Thanks to Ken Bush for the news.

U.S. District Judge Refuses to Enjoin Arkansas Law Requiring Newly-Qualifying Parties to Nominate by November 2015

On February 25, U.S. District Court Judge James M. Moody, Jr., refused to enjoin the 2015 Arkansas law that says newly-qualifying parties must choose all their nominees (except President and Vice-President) an entire year before the election. The order does not mention any state interest except to “prevent voter confusion by limiting ballot access to serious candidates.” The case is Libertarian Party of Arkansas v Martin, e.d., 4:15cv-635.

The law’s constitutionality is still not decided.

Nebraska Secretary of State Puts Five Republicans, Five Libertarians, and Two Democrats on Presidential Primary Ballots

On February 25, the Nebraska Secretary of State announced that he is putting two Democrats, five Republicans, and five Libertarians on presidential primary ballots automatically. Those not chosen are free to submit a petition with 300 signatures of party members. See this story. The Democrats are Hillary Clinton and Bernie Sanders. The Republicans are Ben Carson, Ted Cruz, John Kasich, Marco Rubio, and Donald Trump. The Libertarians are Marc Feldman, Gary Johnson, Steve Kerbel, John McAfee, and Austin Petersen.

The law directs the Secretary of State to place candidates on the ballot who are mentioned in news media. The primary is May 10.

Although Nebraska only has three qualified parties now, other parties can still get on the ballot if they submit a petition of 5,395 signatures by August 1. But such newly-qualifying parties would nominate by convention and would not have a primary or a presidential primary.