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Third Circuit Sets Oral Argument in Pennsylvania Minor Party Lawsuit Against Challenge/Court Costs System

Posted on February 21, 2014 by Richard WingerFebruary 21, 2014

The Third Circuit will hear Constitution Party of Pennsylvania v Aichele on March 4, Tuesday, at 1 p.m., in Philadelphia. The Courthouse is at 6th and Market Streets, and the courtroom is on the 19th floor. The issue is whether Pennsylvania’s unique petition challenge system, which subjects petitioning groups to court costs of as much as $110,000 if their statewide petition doesn’t have enough valid signatures, is constitutional. The lower court had ruled that the Constitution, Green, and Libertarian Parties don’t have standing, even though in 2012 both the Constitution and Libertarian Party statewide petitions were challenged.

The three judges are Jane Roth, Kent Jordan, and Thomas Ambro. All three happen to be from Delaware. The Third Circuit covers Pennsylvania, New Jersey, and Delaware.

California Ballot Access Improvement Bill Introduced

Posted on February 21, 2014 by Richard WingerFebruary 21, 2014

On February 21, California Assemblymember Richard Gordon introduced AB 2351, to ease the definition of “political party” to a group that has registration membership of one-third of 1% of the state total. That would be approximately 60,000 registered members. Existing law requires registration of 1% of the last gubernatorial vote, which is currently 103,004, but which will probably rise to approximately 110,000 in November 2014. Thanks to C. T. Weber for this news. UPDATE: here is a link to the text of the bill.

The existing law also says a qualified party is one that polled 2% of the vote for any statewide race in the last midterm election, and that is the provision in the existing law that generally is used to keep minor parties on the ballot. But that part of the law doesn’t work any longer, because minor party statewide candidates realistically can’t hope to appear on the November ballot any longer, because of Proposition 14, the top-two system. Another part of AB 2351 moves the 2% vote test from the general election to the primary election.

Arizona Bill to Expand Funding Source for Public Financing of Campaigns

Posted on February 21, 2014 by Richard WingerFebruary 21, 2014

Arizona Representative John Kavnagh (R-Fountain Hills) has introduced HB 2651, which adds a new funding source for the state’s public funding of campaigns program, and which adds some more uses for the program. Here is the text of the bill.

The bill restores an option on the state income tax form for a taxpayer to send $5 to the public funding program. The money would come from the state treasury, not from the taxpayer. The extra money would be used for: (1) new vote-counting equipment; (2) adding 250-word candidate statements to the web page of the agency that runs the public funding program, and pictures of the candidate; (3) paying for state officeholders to send mailings to constituents, although not during the period 90 days before the primary and 90 days before the general election. The provision for candidate statements includes congressional candidates.

Arizona Legislature Repeals 2013 Ballot Access Restriction

Posted on February 21, 2014 by Richard WingerFebruary 21, 2014

On February 20, the Arizona State Senate passed HB 2196, so the bill is now through the legislature and on its way to the Governor. The bill repeals the 2013 omnibus election law bill. One of the provisions of that 2013 law made it extremely difficult for minor party members to get on their own party’s primary ballot, and literally impossible for minor parties to nominate candidates in their own primary by write-in vote. Thanks to Rick Hasen for this news.

Tallapoosa County Republican Party Bars Two Candidates from Primary Ballot Because They were Too Friendly with Democrats

Posted on February 20, 2014 by Richard WingerFebruary 20, 2014

According to this story, two candidates for County Commission in Tallapoosa County, Alabama, were denied spots on the Republican primary ballot because Republican Party officials believed they were too friendly with certain Democrats. Read the entire story, including parts near the end. The story also says the party cashed their filing fee checks and, at least at the point the story was written, has not issued a refund.

Both candidates now say they will run as independent candidates.