On March 6, a U.S. District Court Magistrate in Brooklyn, New York, released the court’s proposed maps for new U.S. House districts. See this story. Thanks to Rick Hasen for the link.
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Utah state elections officials have determined that the Justice Party petition for ballot access has enough valid signatures. This is the first Justice Party petition drive that has succeeded. The Justice Party is also qualified in Mississippi, but Mississippi doesn’t require petitions for party ballot access, just organization.
The Justice Party’s Hawaii petition fell short, but the party is thinking about filing a lawsuit to overturn the February 23 petition deadline. In 1986, when the Hawaii petition deadline for new parties was 150 days before the primary, a U.S. District Court issued an injunction against that deadline on the grounds that it was unconstitutionally early. In the years since then, the Hawaii legislature moved the petition deadline even earlier, to 170 days before the primary.
Utah still hasn’t finished checking the Green Party petition.
On March 5, the Texas Secretary of State’s web page posted this updated information for presidential candidate ballot access. Independent presidential petitions can be circulating now. The petition deadline is June 29, which is the latest Texas petition deadline for independent presidential candidates since 1984. The 2012 presidential election is the first presidential election since 1984 in which every state has some means to get a presidential candidate directly onto the November ballot with a deadline that is later than June 3.
Independent presidential petitions can be signed by any voter who had not already voted in the presidential primary. Petitions circulated now can be signed by any registered voter. But after early voting starts, voters who voted in the May 29 presidential primary cannot sign the independent presidential petition. Obviously, an independent presidential candidate has an easier job if his or her petition is circulated before voters start voting in the presidential primary.
Here are the Secretary of State’s instructions for newly-qualifying parties. Like the independent petition deadline, the minor party petition deadline is June 29. The petition can be signed by any registered voter who has not voted in the May 29 primary, so, as is the case for independent candidates, it is easier to get valid signatures if the petition is circulated before people start voting in the May 29 primary.
On March 5, the Washington state legislature gave final approval to HB 1860, which sets out procedures by which major parties can continue to elect Precinct Committee Officers. The old procedure had been held unconstitutional last year, on Freedom of Association grounds, because the old system provided that all voters at the general election participate in such internal party elections.
The new procedure puts these elections on the primary ballot. The primary ballot explains that anyone who votes in these elections is, by his or her vote, affiliating with the major party. Any voter who votes for both a Democratic candidate for Precinct Committee Officer, and a Republican candidate for Precinct Committee Officer, has cast an invalid vote that is not counted.
The bill is flawed because it assumes that the Democratic and Republican Parties will forever be qualified parties. It names those two particular parties. A better-drafted bill would not have done that. The last time a party other than the Democratic and Republican Parties met the state’s new definition of qualified party (one that polled at least 5% for President), was in 1996, when the Reform Party met that definition.
On the evening of March 5, the Arizona Senate Judiciary Committee passed HB 2379, which is the Secretary of State’s omnibus election law bill. Among other things, it imposes a requirement that presidential primary candidates need 1,000 signatures, unless they have qualified for primary season matching funds or are already on the ballot in the presidential primaries of 20 other states. For parties which have a presidential primary but have fewer than 50,000 registered members, any registered voter can sign the 1,000-signature petition. But for parties with over 50,000 registered members, only party members may sign.
Current law lets anyone on a presidential primary ballot who applies and who certifies that he or she has an Arizona campaign committee.