Maine Senate Kills Bill to Make Primary Ballot Access Easier

Posted on by June 9, 2011
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On June 8, the Maine legislature defeated LD 545, which would have made it easier for a member of a small qualified party to get on his or her party’s primary ballot. The bill had passed the House on second reading on June 7, but on the same day the Senate had voted against it. On June 8 the House acceded to the Senate’s wishes and the bill died.

A member of any qualified party running for statewide office in Maine needs 2,000 signatures of party members. Registered independents can’t sign. The law does not take into account the fact that some qualified parties have hundreds of thousands of members, whereas other qualified parties are much smaller. The bill would have provided that a member of a small qualified party needs 750 signatures instead of 2,000.

California Bill, Mandating Badges for Initiative Petition Circulators, Advances

Posted on by June 9, 2011
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On June 8, the California Senate Elections Committee passed AB 481, which requires anyone who circulates an initiative, referendum or recall petition to wear a badge. The badge must either say “Paid Signature Gatherer” or “Volunteer Signature Gatherer.” All Democrats voted “Yes”; all Republicans voted “No.” So far this year, all bills to make it more difficult for initiatives to get on the ballot (in both houses) have received unanimous “Yes” votes from Democrats, whereas all Republicans have voted against these bills.

AB 481 also requires the petition sheet to have printed on it whether the sheet is being circulated by a paid petitioner or a volunteer.

Another badge bill, SB 448 will be heard in the Assembly Elections Committee on Tuesday afternoon, June 21. Also on June 21, the Assembly Elections Committee will hear SB 205, which outlaws paying people on a per-registration card basis to register voters. And on June 21 that committee will hear SB 168, which makes it illegal to pay petition circulators on a per-signature basis “directly or indirectly.” SB 168 relates to initiative, referendum, and recall petitions, but not to petitions to put candidates or parties on a ballot. In California, all candidates for Congress and state office must submit petitions to obtain a place on any ballot. Thus, California Democratic legislators seem intent on imposing restrictions on initiative petitions, but they aren’t imposing the same requirements on the petitions that they must obtain in order to run for re-election.

California Bill, Moving Presidential Primary from February to June, Advances

Posted on by June 9, 2011
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On June 8, the California Senate Elections Committee passed AB 80 unanimously. It moves the presidential primary from February to June. It saves money by combining the presidential primary with the primary for other office. The bill has no effect on the petition deadline for independent candidates (which is in August) nor on the deadline for a new party to become qualified by obtaining 103,004 registrations (which continues to be in January).

Alabama Legislature Moves Petition Deadline for Minor Parties and Non-Presidential Independent Candidates from June to March

Posted on by June 9, 2011
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On June 1, the Alabama legislature passed HB 425. The bill moves the primary (for all office) in presidential election years from June, to the second Tuesday in March. Under the old law, there was a separate presidential primary in February but the primary for all other office was in June.

Because the petition deadline for previously unqualified parties, and for non-presidential independent candidates, is on primary day, the bill has the effect of moving these petition deadlines from June to March. No one in the legislature seems aware that in 1991 the 11th circuit struck down Alabama’s old April petition deadline for new parties and non-presidential independent candidates. That case was New Alliance Party of Alabama v Hand, 933 F.2d 1568. Furthermore, back in 1991, the petition was 1% of the last gubernatorial vote; but ever since 1997, it has been 3% (the bill raising the number of signatures passed in 1995 but was not in effect until 1997).

It is almost a certainty that a lawsuit will be filed against the new deadline.

The Alabama legislature adjourns on June 9. The bill to lower the number of signatures, SB 17, never made any headway after passing the Senate Committee back in March.