California Legislative Democrats Advance Bills to Restrict Ballot Access for Minor Parties and Constitutional Initiatives

On July 3, the California Senate Public Safety Committee passed AB 2058, which makes it a criminal offense to pay registration-drive workers on a per-registration card basis. Because Proposition 14 (the “top-two open primary” law) eliminated the vote test for a party to remain ballot-qualified, the only method for qualified parties to remain on the ballot is to have registration of over 100,000 members. Neither the Libertarian Party nor the Peace and Freedom Party nor Americans Elect have that many registered voters.

AB 2058 makes it very difficult for a party to run an effective drive to increase its registration. The state chair of the Peace and Freedom Party, C. T. Weber, and the state chair of the Libertarian Party, Kevin Takenaga, testified against the bill, but the association of county elections officials, and the Secretary of State, testified for it. It passed on a party-line vote, with all Democrats in support and all Republicans against. UPDATE: this post is in error. AB 2058 did not pass the Committee. See the more recent blog post about this made on July 6. Although the bill received 3 votes, the committee has 7 members and thus needs 4 votes to pass. When this blog post had been written, it had been assumed that one of the two Democratic Senators who had not been present for the testimony would come to the hearing late and vote for the bill. But, neither of them showed up to vote for it.

Also on July 3, the California Assembly Elections Committee passed ACA 10, which makes it more difficult for a constitutional amendment initiative to get on the ballot. Current law requires a petition signed by a number of voters equal to 8% of the last gubernatorial vote. The bill does not alter this percentage, but says the initiative also needs the signatures of 8% of the last gubernatorial vote in each of 27 of the 40 State Senate districts. Paula Lee, from Californians for Electoral Reform, and David Wolf, from the Howard Jarvis Association, testified against the bill. The bill passed with no Republican votes. Also, one Democrat, Assemblyman Sandre Swanson, also refused to vote for the bill.

The bill also says that if a constitutional amendment gets on the ballot (whether by initiative, or by vote of the legislature), it cannot pass unless it receives at least 55% of the vote. If that rule had been in effect in June 2010, Proposition 14, the top-two open primary, would have failed to pass. It only received 53.73% of the vote. UPDATE: the above sentences in this paragraph are incorrect. The measure says that constitutional amendments proposed by the legislature would still need 50% to pass, but initiative constitutional amendments would need 55% to pass. Thanks to Paul Jacob for this correction.

No Statewide Minor Party or Independent Candidate Petitions Submitted in Texas This Year

June 29 was the Texas deadline for petitions for newly-qualifying parties, and for independent candidates. No one turned in a statewide petition. Four independent candidates for U.S. Senate had filed a declaration of candidacy earlier this year, but they did not submit a petition. None of the parties that submitted a declaration of intent to petition this year filed a petition either, for statewide status. It is possible some parties turned in a petition to be on the ballot in a single county or two.

Parties that didn’t need to petition, because they polled enough votes in 2010 to remain on, are the Democratic, Green, Libertarian, and Republican Parties.

North Carolina Ballot Access Bill is Defeated in Senate, 33-5

The North Carolina legislature adjourned early in the morning of July 3. The ballot access reform bill was brought up in the Senate during the waning minutes of the session, but it was defeated 33-5. North Carolina continues to require more signatures than any other to get on the ballot for President (using the easier method), except for California. North Carolina also is tied for having the earliest petition deadline (when the method with the later deadline is compared in every state). Thanks to Barbara Howe and Jordon Greene for this news. The bill had passed the House in 2011.