Today, March 9, Unqualified Parties in Texas May Begin to Gather Signatures for Ballot Access

Posted on by March 9, 2016
7

Texas petitions for unqualified parties to obtain a place on the ballot may start to circulate on March 9. They are due May 22. Past print issues of Ballot Access News have said the deadline is May 16, but that is incorrect, and this error will be corrected in future issues.

The only unqualified parties entitled to circulate a petition this year in Texas are the Constitution, Reform, Veterans, Christian, Modern Whig, and Socialist Parties. They are the only ones who filed the declaration of intent by January 2, 2016. The constitutionality of the January 2 deadline for doing that has never been adjudicated in court. At least as it relates to presidential elections, it is probably unconstitutional.

Newly-qualifying parties need 47,086 signatures. The Libertarian and Green Parties are already on.

Texas independent candidate petitions are due June 30, unless they are for president, in which case the deadline is May 9. It is very likely the independent presidential petition deadline is unconstitutional. There is no state interest in letting non-presidential independents have until June 30, but saying independent presidential candidate petitions are due May 9. Thanks to Jim Riley for some of the information in this post.

Four Republican Voters Move to U.S. Virgin Islands for Purpose of Becoming Delegates to Republican National Committee

Posted on by March 9, 2016
19

This article explains that four Republican activists recently moved to the U.S. Virgin Islands so they could be elected Delegates to the Republican National Connvention. The caucus that chooses Virgin Island delegates is Thursday, March 10. The article says the Republican caucus ballot lists them, even though Virgin Islands election officials don’t believe they have lived in the territory long enough to be registered voters.

Bernie Sanders Campaign Sues Ohio Over Restrictive Interpretation of Law Allowing 17-Year-Olds to Vote in Primaries

Posted on by March 9, 2016
6

Since 1981, Ohio law has said that 17-year-olds may vote in primaries if they will be 18 by the time of the general election. The law says, “3503.011. At a primary election every qualified elector who is or will be on the day of the next general election 18 or more years of age, and who is a member of or is affiliated with the political party whose primary election he desires to vote, shall be entitled to vote such ballot at the primary election.”

Secretary of State Jon Husted is interpreting this law not to apply to presidential primaries. On March 8, the Bernie Sanders campaign and six 17-year-olds who will be 18 by November and who want to vote for Sanders filed a federal lawsuit. Smith v Husted, s.d., 2:16cv-212. They charge that in the past, 17-year old voters were permitted to vote in Ohio presidential primaries. The Secretary of State believes that the law does not apply to presidential primaries, because presidential primaries are really elections for Delegate to national conventions. However, the Secretary’s stance on this contradicts what he has told the press about whether the Ohio sore loser law and the Ohio law on affiliation of independent candidates apply to presidential primaries.

Thanks to Rick Hasen for the link to the Complaint.

Oklahoma Senate Passes Bill to Remove Names of Qualified Parties from Voter Registration Form

Posted on by March 8, 2016
Reply

On March 8, the Oklahoma Senate unanimously passed SB 1016. It alters the voter registration form. Currently the form lists the qualified parties, with a checkbox for each. There is also a blank line for someone to register into a party not named on the form.

The bill would remove the names of the qualified parties from the form. Instead there would just be a blank line for anyone to write in any political party. The purpose of the bill seems to be to save money. Under the current law, every time a new party qualifies, or every time and old parties ceases to be qualified, the forms must be reprinted.