On August 9, Alabama election officials said that the deadline for minor party and independent candidates for the upcoming special legislative elections is October 8, not August 20. The revised Election Proclamation says the original date of August 20 was a “scrivener’s error.” Thanks to Joshua Cassity for this news.
Harrisburg, Pennsylvania, holds a partisan election for city office on November 5, 2013. Three independent candidates are being challenged because their petitions did not list any members of the “Substitution Committee.” Pennsylvania independent candidate petitions historically give the candidate or the minor party a chance to list members of this committee, just in case one of the candidates on the petition resigns. The substitution committee then has the authority to choose another candidate or candidates. This is how minor parties typically handle their presidential and vice-presidential petitions, because often the parties haven’t chosen their actual presidential and vice-presidential nominees when the petitioning period starts.
The three 2013 Harrisburg independent candidates are being challenged on the basis that they didn’t list any members of their substitution committees. The candidates say there is no logical need to require a substitution committee. If they choose not to run, they have no desire to have someone else replace them. See this story.
Earlier this year, the Ninth Circuit ruled that the Libertarian Party had standing to challenge California laws that prohibit petitioners from working outside their home districts. The Ninth Circuit then remanded the case, called Libertarian Party of Los Angeles County v Bowen, back to the U.S. District Court, to decide the constitutionality of the residency requirement.
The Secretary of State then informed the U.S. Supreme Court that she intends to ask the U.S. Supreme Court to reverse the Ninth Circuit, and she obtained an extension of time in which to file her cert petition, to August 9. However, she has now decided not to file the cert petition after all. If the California legislature does not repeal the residency requirements, the U.S. District Court will rule on the constitutionality of the residency requirement.
On August 8, Alabama officials said two special legislative primaries will be held on October 8, to fill the vacant State House seats in the 74th district (Montgomery) and 104th district (Mobile). Astonishingly, the deadline for independent candidates and newly-qualifying parties for these special elections will be August 20. The law requires petitions of 3% of the last gubernatorial vote.
The special elections themselves will not be until December 3 (if no run-off primary is needed) or not until January 14, 2014 (if run-off primaries will be needed, which is likely). See this story. Alabama petition deadlines for independent and minor party candidates are usually the same day as the primary, so the schedule seems not only contrary to the statutory law, but contrary to legal precedents that require states to either reduce the number of signatures in special elections (because there is less time to collect the signatures) or give more time.
The Constitution Party intends to enter the 104th district race, and is very likely to sue to overturn the ballot access requirements for these two special elections.
The California legislature is one of the few state legislatures that is still meeting. The session will end in September.
On August 8, the legislature passed AB 817, which lets adult residents who are not citizens work as polling place officials.
On August 12, the Assembly may vote on SB 213, which repeals all residency requirements for petitioners. If this bill is signed into law, that will moot two pending federal lawsuits.
On August 13, the Senate may vote on AB 1419, which moves the deadline for groups to qualify as parties, in presidential years, from January to July.
On August 19, the Senate Appropriations will hear AB 857, which requires state initiatives to use unpaid circulators for at least 20% of the required signatures. This bill also repeals all residency requirements for circulators.
