California Bill to Put Statewide Initiative Petition Blanks on Secretary of State Webpage Dies

Califonia Assemblyman Tim Donnelly’s AB 1117 will not pass this year. The bill would provide that statewide initiative petitions would be shown on the Secretary of State’s web page. Then, anyone who wants to circulate such a petition could print blank petition forms from that web page. The bill had passed the Assembly earlier, but it didn’t pass the Senate Appropriations Committee. Opponents of the idea say the practice would make fraud easier, because an unscrupulous person might print the cover page of two different initiatives, and collect signatures from people who thought they were signing for one initiative, but their signatures would be attached to some other initiative.

If California permitted statewide initiatives on 8.5 inch by eleven inch paper, that problem would be minimized. However, California statewide initiatives must be on legal size paper. Most home printers can’t print documents on legal size paper.

California Senate Passes Bill Requiring Statewide Initiatives to Use Volunteers for 10% of Signatures

On September 10, the California Senate passed AB 857, a bill to require that statewide initiative petitions are not valid unless at least 10% of the signatures were collected by unpaid volunteers. The bill has been amended since it passed the Assembly, so it needs to return to the Assembly for another vote. The legislature will adjourn for the year on September 12 or September 13.

If the bill is enacted and signed into law, it is certain that it will be challenged in court. In 1988, in Meyer v Grant, the U.S. Supreme Court struck down Colorado’s law banning paid circulators. The decision was unanimous. The basis for the decision is that banning paid circulators makes it very difficult for initiatives to qualify. If AB 857 required 1% or 2% of the signatures to be collected by volunteers, it could probably be upheld, but it seems unlikely that 10% will survive a court test. The bill originally required 20%, but on September 6 was amended to 10%.

Tennessee Files Brief, Defending Petition Requirement for New Parties of 40,042 Signatures

On September 9, the Tennessee state government filed this brief in Green Party of Tennessee v Hargett, which is pending in the Sixth Circuit. The issue is mainly whether the law requiring newly-qualifying parties to submit 40,042 valid signatures is constitutional. Another issue in the case is whether it is constitutional to mandate that the two largest parties are entitled to the top lines on general election ballots.

The state’s brief doesn’t explain why the state requires so many signatures for newly-qualifying parties. Tennessee requires only 25 signatures for independent candidates, and no filing fee. Independent candidate ballot access in Tennessee is easier than in any other state. Clearly Tennessee is not afraid of a crowded general election ballot. So, one wonders, why is Tennessee so strict on having new or minor parties on the ballot?

The state’s brief also does not acknowledge the fact that before 1961, Tennessee required no petition whatsoever for a party to qualify for the ballot.

Justice Party National Steering Committee to Meet

The Justice Party has a meeting via conference call for members of its National Steering Committee, on October 5, 2013, to discuss the party’s future. The party only polled 43,018 votes for President in 2012, and it is only ballot-qualified currently in Florida, Mississippi, and Vermont. However, it won two ballot access cases (in California and Vermont) and has a third pending in Hawaii.

The party had some publicity recently in Wyoming. This Star-Tribune story mentions that a Justice Party activist has moved to Wyoming and hopes to organize the party in that state.