On February 14, George Anastaplo died at the age of 85. See this story. He became well-known for refusing to answer a question as to whether he was a member of the Communist Party. As a result, he was denied the ability to become a member of the Illinois Bar. In 1960 he argued in front of the U.S. Supreme Court in his own defense, even though he was not an attorney. He lost his case 5-4, with a dissent written by Justices Hugo Black and signed by Earl Warren, William Brennan, and William O. Douglas. Thanks to How Appealing for the link.
On February 20, the New Hampshire House Election Law Committee passed HB 1322 by a vote of 14-1. This is the bill to change the definition of “party” from a group that polled 4% for either Governor or U.S. Senator, to 3% for either office. The lone “no” vote was cast by Rep. Shawn Jasper (R-Hudson).
If the bill eventually is signed into law, it would have no immediate impact. The only minor party candidate on the ballot in 2012 for Governor was the Libertarian nominee, John Babiarz, who got 2.78%. New Hampshire elects its Governor every two years. The median vote test of the 50 states is 2%. Thanks to Darryl Perry for the news.
On February 19, the New Mexico legislature passed SB 125/HB 328. They move the petition deadline for newly-qualifying parties from April to late June. They also provide that petitions to qualify a party need not have each signature checked.
The bills also lower the number of signatures in midterm years for another type of petition, those required for each candidate (except a presidential candidate) who is nominated at a convention of a qualified minor party. They drop from 1% of the last vote cast, to 1% of the last gubernatorial vote. That has no effect during presidential election years, but in midterm years represents a drop of approximately 25%. For example, in 2014, statewide nominees of qualified minor parties will need approximately 6,000 signatures instead of 8,000.
New Mexico is the only state that requires petitions for the nominees of political parties, so of course it would have been better if the bill had repealed them; they aren’t needed for any rational purpose. But it is still advantageous to have them reduced. Assuming the Governor signs the bill, it takes effect immediately. This is the first bill improving ballot access that has passed any state legislature this year. Thanks to Rick Lass for this news.
On February 19, the Alabama House Constitution and Elections Committee passed HB 327, which lowers the number of signatures for newly-qualifying parties from 3% of the last gubernatorial vote, to 1.5% of the last gubernatorial vote.
On February 19, the 7th circuit heard oral argument in Stone v Board of Election Commissioners for Chicago, 13-2733. The three judges are William J. Bauer (a Ford appointee), Joel Flaum (a Reagan appointees), and David Hamilton (an Obama appointee). The issue is whether the plaintiffs may have a trial to demonstrate that the 12,500 signature requirement for candidates for citywide office in Chicago is too onerous.
The hearing can be heard using this link. It lasts almost 32 minutes. The case against the 12,500 requirement is tough to win, because in 2011, six candidates for Mayor appeared on the ballot. However, for City Treasurer, only one candidate managed to comply, leaving voters with no real choice. Also, in 2007, there was only one candidate on the ballot for City Treasurer. All Chicago city elections are non-partisan.