As previously noted, on February 27, the Fourth Circuit upheld North Carolina’s May petition deadline for newly-qualifying parties. On March 13, the plaintiff Constitution Party and Green Party asked for a rehearing en banc (“en banc” means that all the full-time judges of the Fourth Circuit are being asked to re-examine the earlier decision).

The parties’ request for reconsideration argues that the earlier decision is erroneous because it upheld the failure of the U.S. District Court to allow the parties to engage in discovery. In the U.S. District Court, the parties wanted to question state election officials about the state’s claim that the state needs a deadline as early as May, in order to have time to check the signatures. But the U.S. District Court refused to allow discovery.

It seems obvious that North Carolina does not need a May deadline to check signatures, because the state allows a June deadline for independent candidates, and statewide independent candidates need just as many signatures as minor parties. Furthermore, in 1988, the state waived the minor party petition deadline and was still able to check the New Alliance Party petition, even though those signatures were not submitted until July. And in 2004 the state also permitted independent candidates to file their signatures in July, due to late redistricting.

The Utah legislature adjourned in the middle of the night without having passed HB 410, the bill to give Utah the nation’s earliest presidential primary. The bill had passed the House but was not taken up in the Senate. UPDATE: see this story. The sponsor says he will probably try again in 2015.

On March 13, the Oklahoma House passed HB 2134 by a vote of 74-11. It reduces the number of signatures for a newly-qualifying party from 5% of the last vote cast, to 2.5% of the last vote cast. All eleven “no” votes were cast by Republicans.

Now the bill goes to the Senate, where the sponsor is Senator Bryce Marlatt (R-Woodward), the Majority Caucus Leader. If this bill is signed into law, Oklahoma will still have the nation’s most restrictive ballot access procedure for presidential candidates in the general election, when each state’s easier method for getting on the ballot is compared as a percentage of the electorate. Every other state has some procedure that is 2% of the last vote cast, or something easier. Thanks to E. Zachary Knight for this news.