Texas Bill to Move Primaries from March to February

Posted on by February 10, 2013
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Texas State Senator Dan Patrick (R-Houston) has introduced SB 452, to move Texas primaries from March to the first Tuesday in February. Although Senator Patrick says his goal is to give Texas an earlier presidential primary, his bill moves the primary for all offices, in all election years, to February.

The bill, if enacted, would move the petition deadline for non-presidential independent candidates, and newly-qualifying parties, from May to April. This is virtually certain to be held unconstitutional. Also the bill would require newly-qualifying parties to notify the state in November of the year before the election if they wish to petition. Thanks to Linda Curtis for this news.

Arizona Supreme Court Explains Why Top-Two Initiative in 2012 Did Not Violate the “Single Subject” Rule

Posted on by February 9, 2013
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Arizona and other states with the initiative process provide that initiatives must only deal with a single subject. Last November, Proposition 121 appeared on the Arizona ballot. It would have established a top-two open primary if it had passed. The Arizona Supreme Court had ruled before the election that Proposition 121 did not violate the “single subject” rule, but only on January 7, 2013, did it issue its opinion explaining why it didn’t violate the rule.

Opponents of the initiative had won in the lower court. The lower court had said that an initiative that puts a top-two open primary in place, and also abolishes elections for political party precinct committeemember, cannot appear on the ballot because those two parts consist of two different subjects. But the Arizona Supreme Court said both parts are a single subject, and the single subject is that both parts downgrade the role that political parties would play in Arizona elections, if the measure had passed. The decision is Save Our Vote v Bennett, cv2012-010717. Footnote three points out that the initiative didn’t pass, so the decision has no practical significance except as a precedent for future controversies over the single-subject rule.

Missouri Republican, Libertarian Parties Hold Nominating Conventions for Special U.S. House Election

Posted on by February 9, 2013
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Missouri is holding a special election on June 4 to fill the vacant U.S. House seat, 8th district. On February 9, the Republican Party and also the Libertarian Party held nominating conventions to choose their nominees. See this story about the Republican convention and this story about the Libertarian convention. The Libertarian Party chose Bill Slantz and the Republican Party chose Jason Smith. Democrats haven’t chosen their nominee yet. It is not known if the Constitution Party, which is also ballot-qualified, plans to nominate anyone.

Federal Election Commission Will Consider Extending Socialist Workers Party Exemption from Campaign Reporting on February 14

Posted on by February 9, 2013
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The Federal Election Commission meets on February 14, and will consider the Socialist Workers Party’s request to extend its exemption from having to report its campaign contributors and expenditures at that meeting. The SWP won an exemption in 1974 but it expired on December 31, 2012. The basis for the party’s having been exempt during the last 28 years was that the party demonstrated that individuals identified as members or supporters of the party, in the past, were in danger of harassment both from certain government agencies and from private individuals and groups. Thanks to Rick Hasen for this news.

New Hampshire Bill to Study State’s Election Laws

Posted on by February 9, 2013
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Six New Hampshire state legislators have introduced HB 521, to establish a committee to study the state’s election laws. They are Senator John Reagan, and Representatives Kathleen Hoelzel, James Belanger, Lorrie Carey, Debra DeSimone, and Beverly Ferrante. All are Republicans except for Representative Carey, who is a Democrat.

The bill had a hearing on February 7. Darryl Perry, editor of Free Press Publications and a leading advocate for improving New Hampshire’s ballot access laws, testified in favor of the bill, and presented information about New Hampshire’s ballot access laws. The New Hampshire definition of “party” is so strict, New Hampshire is one of only three states in which no parties, other than the Democratic and Republican Parties, have had qualified status since before November 1996. The other two such states are Pennsylvania and New Jersey. Georgia has given “party” status to the Libertarian and Reform Parties in part or all of the period since 1996, but they only enjoyed “party” status for statewide office, not district office.

New Hampshire legislative committees don’t make decisions about bills at the conclusion of committee hearings. Instead they think about the bill and the testimony and make a decision later, usually in a few weeks.