Arizona Legislature Adjourns, Doesn’t Pass Omnibus Election Law Bill

The Arizona legislature adjourned for the year on the evening of May 3. The session did not pass the Secretary of State’s omnibus election law bill, HB 2379. That bill had many provisions. One of them would have increased the difficulty for a candidate to get on a presidential primary ballot.

Existing law lets anyone qualify, with no fee and no petition, if the candidate has a campaign office. The law would have required candidates to either submit 1,000 signatures, or demonstrate that the candidate was already on the presidential primary ballot in at least 20 other states, or had already qualified for primary season matching funds. The latter two choices are not realistic because Arizona has one of the five earliest presidential primaries in the nation, and filing for the Arizona presidential primary closes too early for candidates to have realistically accomplished either of the last two alternative ways for qualifying.

Texas Secretary of State Seems to Alter Stance on Primary Screenout for Independent Candidate Petitions

According to this story, anyone who signs a Texas petition this year for an independent candidate and who later votes in a partisan primary has (by the act of voting) disqualified his or her petition signature. However, the Secretary of State has told the Guadalupe County Elections Supervisor that all such signatures are presumed valid and will be counted, unless one of the major parties or one of its candidates files a challenge to such signatures.

South Carolina Supreme Court Unanimously Keeps Over 100 Major Party Candidates Off June Primary Ballot

On May 2, the South Carolina Supreme Court unanimously ruled that over 100 candidates who filed in the Democratic and Republican June 12 must be removed from the ballot. They all failed to file a statement of economic interests. The case is Anderson v South Carolina Election Commission. It is possible the legislature will rush a bill through, which will still permit these candidates to run. The Democratic and Republican Parties may also ask for a rehearing, although it is unlikely the Court would change its mind at this late date.

Qualified minor parties in South Carolina all nominate by convention, and no minor party candidates are affected, as far as is known.

Missouri Legislature Passes Ballot Access Bill

On May 3, the Missouri Senate unanimously passed HB 1236. The bill is now through the legislature. It removes the typographical error in the law that required petitions to create a new ballot-qualified party to include the presidential candidate and the presidential elector candidates (if the group intended to run for those offices). This was an odd requirement, because the group didn’t need to list any of its nominees for other office on that same petition. No one ever intended the law to require the names of the presidential electors on the petition; that only existed because of a drafting error in 1993. It has taken almost 20 years to fix this irritating problem. Thanks to Ken Bush for the news, and also for persistently lobbying the legislature to achieve this result.

Oklahoma House Rejects the Senate Amendments that Degraded the Ballot Access Bill

On May 2, the Oklahoma House rejected the Senate amendments to HB 1058. HB 1058 is the bill that was introduced in 2011 in the House to ease ballot access for newly-qualifying parties. As passed last year in the House, the bill cut the number of signatures from 5% of the last vote cast (currently 51,739 signatures) to exactly 22,500. This year the Senate passed the bill, but amended it so it does not decrease the number of signatures at all in presidential years; as amended, all the bill does is cut the number of signatures in mid-term years.

The action of the House, on May 2, 2012, rejecting the Senate amendments, is a good sign. It seems to show the House still likes the original House version, which is a much better version. The House has appointed its members to a Conference Committee.