Daily Kos Article Suggests that if 2010 Republican Votes for Secretary of State of Indiana Are Deemed Not to have been Counted, Republicans Would Lose Ballot Status

This Daily Kos article suggests that if Indiana State Courts rule that November 2010 votes for Charlie White are deemed not to have been cast (on the theory that the Republican nominee for Secretary of State, Charlie White, wasn’t eligible to be on the ballot), then the Republican Party would lose qualified status and would need to submit petitions for all its nominees in 2012 and 2014.

UPDATE: however, the Daily Kos author seems unaware that in 2011, the Indiana legislature passed HB 1242, which says that when a state recount commission makes a final determination that a candidate for Secretary of State is not eligible, that determination does not affect the validity of the votes cast. Thanks to Rick Hasen for the link.

Newt Gingrich Petition Also Falls Short in Virginia

According to this story, Newt Gingrich’s Virginia presidential primary petition, like Rick Perry’s petition, did not have enough valid signatures. Virginia requires 10,000 signatures for access to a presidential primary ballot, the nation’s most difficult presidential primary petition requirement that is mandatory for all candidates.

The Virginia Republican presidential primary will be on March 6. The only names on that ballot will be Mitt Romney and Ron Paul, the only two candidates whose petition was valid. On the Democratic side, President Obama’s petition was sufficient. Since no other Democrat qualified, and since Virginia doesn’t permit write-ins in primaries, the Democratic presidential primary will not be held.

Virginia didn’t require any petition for presidential primary ballot access in 1988, the year Virginia first held a presidential primary, for candidates who were prominently discussed in the news media, or who had qualified for primary season matching funds. Then Virginia abolished its presidential primary, bringing it back, with mandatory petitions, starting in 2000.

The next presidential primary jurisdiction with a mandatory petition deadline is the District of Columbia. D.C. petitions are due January 4, 2012. Thanks to Bill Redpath for the link.

Rick Perry’s Virginia Petition Doesn’t Have Enough Valid Signatures

On December 23, the Republican Party of Virginia determined that Rick Perry’s petition to be on that state’s presidential primary ballot does not have enough valid signatures. See this story.

Governor Perry is one of only two Governors, in the last 60 years, who vetoed a bill to improve ballot access. On May 20, 2003, he had vetoed HB 1274, which deleted a Texas requirement that petition circulators must read a 93-word statement to every voter they approach. The bill had passed both houses of the legislature unanimously. The statement, which is still in the Texas law, thanks to Perry’s veto, said, “I know that the purpose of this petition is to entitle the (whichever) Party to have its nominees placed on the ballot in the general election for state and county officers. I have not voted in a primary election or participated in a convention of another party during this voting year, and I understand that I become ineligible to do so by signing this petition. I understand that signing more than one petition to entitle a party to have its nominees placed on the general election ballot in the same election is prohibited.”

Forcing a circulator to read this lengthy statement slows down the progress of any circulator, and shows that, at least in 2003, Governor Perry had no interest in fair ballot access. But, maybe the recent Virginia experience will affect his attitude about ballot access barriers. Thanks to Cody Quirk for the news.

U.S. Justice Department Blocks South Carolina’s New Law Requiring Government Photo-ID at the Polls

On December 23, the U.S. Justice Department’s Voting Rights Section refused to pre-clear South Carolina’s new law, requiring voters at the polls to show a government photo-ID that hasn’t expired. South Carolina is one of the states covered by section five of the federal Voting Rights Act. Therefore, the state cannot change its election laws without either approval from the Justice Department, or approval by a 3-judge U.S. District Court in Washington, D.C.

The Justice Department is also considering whether to approve a similar new law in Texas.