Arizona Governor Signs Restrictive Ballot Access Bill

On June 19, Arizona Governor Jan Brewer signed HB 2305, the omnibus election law bill. Among other things, it makes it exceedingly difficult for a member of a small ballot-qualified party member to get on his or her own party’s primary ballot.

Jan Brewer has never been a friend of ballot access. In 2005, when she was Secretary of State, she persuaded the legislature to pass her bill to provide that if a candidate tried to petition onto a ballot, and failed, then the same candidate was barred from being a write-in candidate.

The ballot access restriction requires approximately 5,500 signatures of party members to get on a statewide primary ballot. This is not difficult for major party members, because the major parties have hundreds of thousands of members, but it is very difficult to get 5,500 valid signatures from a party like the Libertarian, Green, or Americans Elect Party, which have much smaller registration. If the small parties invite independent voters into their primary, then independent voters can also sign primary petitions.

In 1985, a U.S. District Court in Pennsylvania struck down a requirement that a member of the Consumer Party (which had 7,000 registrants) needed 2,000 signatures of party members to get on the Consumer Party primary ballot. Consumer Party v Davis, 606 F.Supp. 1008 (eastern district). UPDATE: see this story about the bill in Tucson’s daily newpaper, the Arizona Daily Star.

More Briefs Filed in Rubin v Bowen, the Minor Party Lawsuit on Top-two Election System

On June 18, more briefs were filed in Rubin v Bowen, the California case filed by the Green, Libertarian, and Peace & Freedom Parties against Proposition 14, the top-two election system. The next step is for the Alameda County Superior Court to decide whether the parties are entitled to a trial to show that the system violates voters’ rights in the general election. To see the brief of the plaintiffs, and the brief of the Secretary of State, use this link to take you to the court web page. Click on “case summary” and then enter the case number, RG11605301. That takes one to that case. Then choose “Register of Actions.” Then click on the last two documents (or any documents you wish) to read them. Your computer needs to have either Java or Tiff to read any of the documents.

Some Arizona Republican Legislators Admit They Passed Election Restriction to Keep Libertarians Off Ballot

The East Valley Tribune, which covers the eastern Phoenix suburbs, has this article about HB 2305, an election law bill sitting on the Governor’s desk which makes it very difficult for members of small qualified parties to get on their own party primary ballots. The reporter quotes several Republican legislators as saying that they wrote the bill that way because they are upset that Libertarian candidates last year were on the general election ballot in certain races. Such quotations are likely to be relevant to any lawsuit against the measure, if the Governor signs it into law.

Similar remarks were made earlier this year by Montana legislators, when they passed a top-two measure and arranged for the voters to vote on it in 2014. Montana Republican legislators openly said they are tired of having Libertarians on the ballot.

Despite Being Removed from the Wyoming Registration Form, Americans Elect Party and Country Party Gain Registered Voters

Wyoming voter registration cards list the qualified parties, and also give voters a chance to register as independents. But the forms do not permit anyone to register into a party that has gone off the ballot. Surprisingly, though, registration in Americans Elect and the Country Party have both risen since November 2012. Both parties were removed from the ballot and from voter registration forms after that election was over. The parties were removed for failing the vote test, which required them to poll 2% for U.S. House.

In November 2012, Americans Elect only had 9 registrants in the state, and the Country Party only had 21. But in the June 10, 2013 registration tally, Americans Elect has 41 registrants and the Country Party has 66. Voters registering into these parties are obviously using voter registration cards that were printed last year and which still list those parties. This information was gathered by contacting each county elections office, because the Secretary of State’s web page registration data lumps the two parties into an “other” column. There are also a tiny number of Wyoming voters still registered in the Reform Party and the Natural Law Party, parties which haven’t been qualified for a decade.