Tennessee Bills Introduced to Eliminate Need for Minor Parties to Submit Massive Petitions

Bills have been introduced in both houses of the Tennessee legislature to return Tennessee to its pre-1961 ballot access rules for new and minor parties. As was the case before 1961, parties could be recognized if they filed paperwork identifying their officers and bylaws, but no petition would be needed. Their individual nominees would each need 25 signatures.

Under current Tennessee law, independent candidates only need 25 signatures, and candidates can get on primary ballot with 25 signatures. But minor party candidates can’t run, with their party label, unless their party submits over 40,000 valid signatures.

The bill, if enacted, would be similar to the Mississippi law on new and minor parties. Mississippi has never required a petition for a party to be on the ballot; it must merely be organized. The bills are SB 2575 by Senator Jim Kyle (D-Memphis) and Representative Craig Fitzhugh (D-Ripley). Thanks to Daniel Lewis for the news.

Procedural Victory in Case Over Whether Persons Born in American Samoa are Citizens

On February 4, the U.S. Court of Appeals rejected the federal government’s request that the lawsuit Tuaua v U.S.A. be summarily rejected. The issue is whether persons born in American Samoa are citizens by virtue of the Fourteenth Amendment, which says “All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United State.” Old U.S. Supreme Court precedents from 1901 say that clause does not relate to persons born in U.S. territories. Although Congress has passed laws granting automatic citizenship to the other U.S. overseas territories, Congress has never done that for Americans Samoans. They are only U.S. “nationals”, not citizens.

Persons born in American Samoa who live in one of the 50 states are therefore not able to register to vote, unless they undergo the naturalization process. Two of the plaintiffs live in one of the 50 states and would like to register to vote in those states.

The U.S. District Court in this case had rejected the case, but the U.S. Court of Appeals refused to summarily affirm the district court decision, and said the issues are not clear-cut, and the case deserves full briefing and, probably, an oral argument. The court order is only one page long and is signed by Judges David Tatel, Janice Rogers Brown, and Cornelia Pillard. Thanks to Rick Hasen for this news. Here is a link to a press release by the plaintiffs.

Kansas and Arizona Lose on Procedure, in Case Over Federal Voter Registration Form

On February 5, U.S. District Court Judge Eric Melgren signed an order restricting the scope of the Kansas-Arizona challenge to the Election Assistance Commission’s decision not to allow those two states to amend the federal voter registration postcard form. The two states wanted a trial to submit evidence that the federal form doesn’t offer enough protection against aliens registering to vote. The federal form requires applicants to sign under penalty of perjury that they are citizens, but the two states want to change the form to require the applicant to attach proof.

The Election Assistance Commission had already held a hearing last year at which both sides presented evidence. The EAC record on this matter consists of 1,912 pages. After the EAC’s hearing, the EAC issued a 46-page determination that there is no need to amend the form. The judge ruled that, therefore, there is no need for a trial on this issue in his court. Instead, the District Court will simply rule on whether the EAC has the authority to make the decision it did. Kansas and Arizona will now probably argue that the EAC’s determination was “arbitrary, capricious, or an abuse of discretion”, and the two states will also probably argue that the EAC is required to honor the request of the states. The two states may also argue that the EAC had no authority to act because, although it has a full-time professional staff, it has no sitting commissioners.

The case is Kobach v U.S. Election Assistance Commission, 5:13cv-4095, in U.S. District Court in Kansas.

Nancy Pelosi and John Sarbanes Expected to Introduce Congressional Public Funding Bill on February 5

U.S. House Minority Leader Nancy Pelosi, and Maryland Democrat John Sarbanes, have announced they will introduce a bill for public funding for congressional candidates on February 5, Wednesday (today). Here is some information about the bill. The bill will be HR 20. The bill has such a low number because U.S. House rules permit the Minority Leader to introduce a bill of her choice at any time during the congressional session, and that bill number is reserved for her. Thanks to Rick Hasen for the link. When the text of the bill is available, this post will be updated.

Public Policy Polling Includes All Announced Minor Party and Independent Candidates in Alaska Poll

On February 5, Public Policy Polling released results of an Alaska poll that includes Governor, U.S. Senator, and U.S. House. The poll included all announced minor party and independent candidates. Here are the results. Independent gubernatorial candidate Bill Walker has 16% in his race, and Libertarian Jim McDermott is at 12% in the U.S. House race. See questions 13, and 15.

The polling company refers to the “Alaskan Independent Party”, but the correct name of the party is “Alaskan Independence.” That party is running Zachery Kile for U.S. Senate. His showing varies depending on which Republican becomes the Republican nominee. Thanks to PoliticalWire for the link.