David Atkins has this article in Calitics, showing how California’s Proposition 14, the top-two system, has strengthened the state’s major party organizations. The Atkins piece first talks about the U.S. House race, 31st district, in 2012, a story that is somewhat well-known. But then he discusses a little-known aspect of the law, its consequences for elections for party office.

Because there are no partisan primaries in mid-term years, the legislature in 2012 passed a bill giving 4-year terms, instead of 2-year terms, to county central committee members. They are only up for re-election in presidential years, when they can be put on the same partisan primary ballots used for the presidential primary. Giving these party officials 4-year terms instead of 2-year terms reduces internal democracy in the parties.

On January 6, the Eleventh Circuit issued an order in Green Party of Georgia v State of Georgia and Georgia Secretary of State, 13-11816. The Eleventh Circuit six-page order says that the U.S. District Court was wrong to dismiss the case, which is a challenge to the number of signatures needed for unqualified parties to get on the ballot for President. The Eleventh Circuit order sends the case back to the U.S. District Court, and tells that Court to re-hear the case, with the understanding that presidential ballot access has more constitutional protection than ballot access for other office.

The U.S. District Court Judge had dismissed the case before the state had even answered the Complaint. The U.S. District Court had said that because the U.S. Supreme Court had upheld Georgia’s ballot access laws in 1971 in Jenness v Fortson, therefore the current laws must be constitutional. But Jenness v Fortson did not concern a presidential election; it was filed over the requirements for minor party candidates to get on the ballot for Governor and U.S. House.

The Eleventh Circuit order is signed by Judges Gerald Tjoflat (a Ford appointee), Emmett Cox (a Reagan appointee), and Adelberto Jordan (an Obama appointee). Because Alabama is also in the Eleventh Circuit, this order will be helpful to the ballot access case pending in Alabama, Stein v Bennett. The Alabama case also concerns presidential elections. The issue in the Alabama case is the March petition deadline for parties that want to appear on the presidential ballot.

In most states, legislatures convene this month. The commonest start date among the states is January 13 or January 14. See this chart from the National Conference of State Legislatures.

There are bills to improve ballot access laws pending or expected to be introduced this year in Alabama, California, New Hampshire, North Carolina, Oklahoma, Pennsylvania, and Vermont. There could be many more states with helpful bills. Now is the time for activists to communicate with state legislators, asking for bills to improve the laws. There are problems with the ballot access laws in most states.