The Hawaii Office of Elections has determined that the Green Party petition has enough valid signatures. As a result, the Green Party is now safely on the ballot in Hawaii for 2012 through 2022. Hawaii says when a party has been on the ballot in three elections in a row, it is then automatically on the ballot for the next ten years.

Recently, Hawaii rejected the Constitution Party petition, and the Justice Party petition, for not having enough valid signatures. It is possible one or both parties will sue to overturn the February 2012 petition deadline. In 1986, a U.S. District Court in Hawaii enjoined the petition deadline for newly-qualifying parties, in a case brought by the Libertarian Party. At the time the law required the petition to be submitted at least 150 days before the primary.

Since then, the deadline has been made even earlier, 170 days before the primary.

On March 27, thirty-six South Carolina House members introduced HB 5081, which tells the major political parties that if they hold a presidential primary in South Carolina, it must be at least a week earlier than any other southern state presidential primary for that same party. The bill defines “south” to include Missouri, West Virginia, Kentucky, Oklahoma, plus the eleven states that are always considered southern states.

This is a peculiar bill. If it is enacted, and one of the two major parties doesn’t want to obey it, there is a fair chance a court would rule that the law can’t be enforced on an unwilling political party. In South Carolina, parties administer their own presidential primaries, and collect the huge filing fee (this year, the Republican filing fee was $25,000 for candidates who announced early, and $35,000 for those who announced later). The two major parties don’t even necessarily hold their presidential primaries on the same day. However, taxpayers do pay for most of the administration of these presidential primaries. Thanks to Frontloading HQ for the news.

See this story, which says that recently, Louisiana Secretary of State Tom Schedler tweeted that he doesn’t have authority to determine if presidential candidates meet the constitutional qualifications, and to remove them from the November ballot if they don’t meet the constitutional qualifications. Scroll down to the paragraph headed, “Couillon.”

It is true that in 1972, Louisiana printed the name of Linda Jenness on the November ballot as the Socialist Workers Party presidential candidate. She was age 33 at the time, and the Socialist Workers Party made no secret of that. The SWP in 1972 tried vigorously to defend the policy of letting it run an under-age presidential candidate. The party argued that the Twentieth Amendment to the U.S. Constitution provides for instances at which the voters elect someone who doesn’t meet the constitutional qualifications. Thanks to Bill Van Allen for the link.