West Virginia Bill to Require Independent Candidates to File a Declaration of Candidacy in January

Seven West Virginia Republican Delegates have introduced HB 2608. It requires independent candidates to file a declaration of candidacy by the second Monday in January of an election year. The sponsors are Rick Hillenbrand, Bill Ridenour, Charles Sheedy, Eric Brooks, Joe Funkhouser, Lisa White, and Margitta Mozzoocchi.

A similar West Virginia law was struck down in 2016 in Daly v Tennant, 216 F Supp 3d 699 (s.d.). The state did not appeal. Also, the Fourth Circuit struck down a similar South Carolina in 1990, in Cromer v State, 917 F 2d 810, and West Virginia is in the Fourth Circuit. Thanks to Jeff Becker for news about the bill.

Fort Collins, Colorado City Council Votes to Ban Write-in Candidates for City Office

On February 19, the city council of Fort Collins, Colorado, voted to ban write-in candidates in city elections.

In 1912, the Colorado Supreme Court ruled that all ballots must allow write-ins. Littlejohn v People ex rel Desch, 121 P.159, held unconstitutional a Colorado law that banned write-ins in school director elections. The court said, “Every qualified elector shall have an equal right to cast a ballot for the person of his own selection, and that no act shall be done by any power, civil or military, to prevent it. Such is the mandate and spirit of the Constitution (meaning state constitution), and it thereby vests in the elector a constitutional right of which he cannot lawfully be deprived by any governmental power.”

Iowa Bill to Restrict Who Can Run in Primaries

Iowa Representative Derek Wulf (R-Hudson) has introduced HF 353. It bars candidates from primaries if they have been members of another party during the preceding year. Here is the text. It also bars voters from voting in primaries if they have been members of another party during the preceding thirty days, and it attempts to extend this rule to party caucuses.

In 1986 the U.S. Supreme Court decision Tashjian v Republican Party of Connecticut said that if parties wish to nominate a non-member, the First Amendment freedom of association clause protects their ability to do that. Courts in Colorado and New Mexico have struck down duration of party membership laws, in situations in which the party didn’t want the restriction.