Link to New Jersey Brief in Lawsuit Over Whether Major Party Primary Turnout Was So Low That They No Longer Qualify for Party Column

Here is the brief filed by the D-R Party in the lawsuit over whether the Democratic and Republican primary turnout was so low in June 2014 that, if state law were to be followed, those parties would not be entitled to have party columns on the general election ballot.  The case is D-R Organization of New Jersey v Guadagno, Superior Court, Mercer County, Appellate Division, A-206-14.

Minnesota Bills to Make Ballot Access Worse

On Thursday, March 12, the Minnesota House Government Operations & Elections Committee will hear two bills that make ballot access more difficult.

HF 1387, by Representative Michael Nelson (DFL-Brooklyn Park) says that the party petition cannot be circulated in odd years.  Representative Nelson has said he will amend the bill to say the party petition can start to circulate one year before the deadline, but that is still more restrictive than current law.  Current law does not set a start date for the party petition.  The party petition was created in 1913, and requires 5% of the last vote cast.  It is so difficult, it has never been used statewide.  Even Americans Elect did not attempt it, during 2010 and 2011, when it was completing party petitions in almost every other state that had a party petition procedure.

HF 1365 moves the primary from August to June.  That would have the effect of moving the party petition deadline from June to April, and it would have the effect of moving the petition deadline for independent candidates two months earlier as well.  Most states do not link the petition deadline for independent candidates to the date of the primary, but Minnesota does link them.

If either of these bills passes, the new law would probably be unconstitutional.  The party petition is probably already unconstitutional under an Eighth Circuit opinion issued in 1980, McLain v Meier.  The independent candidate petition deadlines set by HF 1365 would be unconstitutional under Anderson v Celebrezze.  Thanks to Andy Burns for the news about the hearing tomorrow.

Maine Special Legislative Election

On March 10, Maine held a special election to fill the vacancy in the State House, district 93.  The vote was:  Democrat Anne Beebe-Center 52.89%; Republican James Kalloch 44.51%; Green Ronald Huber 1.97%; Libertarian Shawn Levasseur .64%.  See this story.

When this same seat had been up in November 2014, the vote had been:  Democratic 52.01%; Republican 47.99%.  The Republican nominee had run in November 2014 as well as in the recent special election.  Because this district had one of the closest votes in November 2014, there was considerable suspense as to who would win the special election.  That probably kept the minor party vote lower than it would have been otherwise.

UPDATE:  this article explains the unusually high spending by the major parties in this race, and why the stakes for them were so high.