New Mexico Ballot Access Improvement Bill Passes Legislature

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that requires petitions for the nominees of political parties, so of course it would have been better if the bill had repealed them; they aren’t needed for any rational purpose.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.

Seventh Circuit Hears Challenge to 12,500 Signature Requirement for Citywide Candidates in Chicago

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.

Ohio Newspaper Story Illustrates why Minor Party Primary Petitions are Often Invalidated

This Ohio newspaper story reports that Martin “Buck” Elsass failed to get on the Ohio Libertarian primary ballot for State House, even though only 25 signatures are required. The Elsass petition carried the names of at least 25 registered voters, but a technical error invalidated some of those signatures.

The story does not mention this point, but Elsass might still qualify for the November ballot if he can get 25 write-ins in the Libertarian primary on May 6.