Alabama Secretary of State and Others Oppose Some Provisions in Ballot Access Bill

On May 2, the Alabama House Constitution, Campaigns & Elections Committee held a hearing on SB 15, the bill that eases the number of signatures for independent candidates (for office other than President) and newly-qualifying parties. The bill also moves the petition deadline for newly-qualifying parties from March to May.

The Alabama Secetary of State’s office sent a representative to oppose the part of the bill that moves the petition deadline for newly-qualifying parties from March to May. Also, the Probate Judges Association sent a representative to oppose the part of the bill that cuts the number of signatures for independent candidates. Probate Judges are elected in Alabama on a partisan basis, and presumably all of them are major party members, and they dislike increased competition. However, the bill does not lower the number of signatures for independent candidates for county office, just federal and state office.

The Committee sent the bill to a Subcommittee on Campaigns and Elections, headed by Representative Paul DeMarco. His staff is researching how Alabama ballot access laws compare with the laws of other states. For Presidential elections, for procedures that allow a party label, Alabama requires more signatures than any other state except California, Georgia, North Carolina, and Texas. The requirement in Alabama is 44,829 this year, if a party label is to be allowed. It is possible the North Carolina legislature will lower the requirement this month.

Alabama Independent Candidate Petition Invalidated, Even Though Elections Officials Don’t Really Know How Many Signatures are Required

Michael Noe has been kept off the Alabama ballot as an independent candidate for Madison County Commission, because elections officials say he doesn’t have enough valid signatures on his petition. See this story. The story also reveals that election officials are unable to know exactly how many signatures are required. The law says he needs 3% of the votes cast within the district for Governor in 2010. However, because redistricting has occurred since 2010, no one knows exactly how many votes were cast in the territory contained in the new district. The new district boundaries split precincts.

So, election officials simply divided the number of votes cast for Governor in 2010 in the entire county by the number of County Commission districts, and just assume Noe’s district had an “average” number of votes cast in 2010.

Sixth Circuit Sets Hearing Date in Ohio Ballot Access Case

On July 24, the Sixth Circuit will hear Libertarian Party of Ohio v Husted, the case in which the Libertarian Party had won injunctive relief against Ohio’s February 2012 petition deadline for newly-qualifying parties.

The Secretary of State did not appeal, but the Ohio legislature then intervened in the case so that it could appeal. The hearing will be at 1:30 p.m. in Cincinnati. The appeal is peculiar, because after the Ohio Libertarian Party won injunctive relief against the February 2012 deadline, the deadline reverted back to November 2011. One wonders why the legislature is bothering to appeal an injunction when the law at issue doesn’t even exist any longer.

In 2006 the Sixth Circuit had ruled that a deadline of November of the year before the election is unconstitutional. The current Ohio law still has that deadline, in effect. SB 295, which cancels the referendum on the 2011 omnibus election law bill, passed the House informally on April 25 and will probably pass the House formally when the House returns on May 8.

Texas Supreme Court Asks for Response in El Paso Recall Lawsuit

On April 27, the Texas Supreme Court asked for a response from El Paso Mayor John F. Cook, in the case known as Tom Brown Ministries v Cook, 12-0224. The issue is whether a recall petition should be invalidated, even though it had enough valid signatures, because the church that helped collect the signatures is incorporated. The State Appeals Court had invalidated the petition based on the church’s status as a corporation. The Mayor’s response is due May 29.

The issues in this case are closely related to the same issues from 2010, when the Green Party petition was invalidated by a lower Texas state court because it was believed that the money donated to the party for its petition drive originated from a corporation. The Texas Supreme Court, in the Green Party case, put the party back on the ballot. No further proceedings were held in that case because, after the election was over, the Texas Democratic Party, which had originally filed the challenge to the Green Party petition, did not pursue the case.