Ohio Senate Passes Bill Making Small Ballot Access Improvements

On May 24, the Ohio Senate passed SB 148 by a vote of 23-10. Like a somewhat similar bill that has passed the house, HB 194, it attempts to fix the old ballot access law that was held unconstitutional in 2006.

SB 148 cuts the number of signatures in half, from 1% of the last vote cast, to one-half of 1% of the last vote cast. Thus, it is better than HB 194, which does not lower the number of signatures. For 2012, if SB 148 were signed into law, the requirement would be 19,263 valid signatures. However, the petition deadline would be 100 days before the primary, which is still unconstitutional. The bill does not attempt to move the primary, so in 2012 the primary would be March 6 and the deadline would be the day after Thanksgiving this year.

The bill has a silly provision that says only half the signatures would be due in late November of the year before the election, and the other half would be due in early December of the year before the election. The original version of SB 148 had a special, much later deadline for parties that only want to run for President (80 days before the general election), but that idea was deleted from the bill before it passed the Senate.

Republican Nominee for U.S. House in May 24 Election Gets Court Order Barring Certification of Vote, Before Votes are Even Counted

Jane Corwin, Republican Party nominee for U.S. House in today’s special election in New York state, has obtained a court order, barring the votes from being certified until a state court judge holds a hearing about the election. See this story. Thanks to Rick Hasen for this news. This action seems very strange, since it is not apparent that anyone has complained about any problems with the conduct of the election.

Georgia Elections Advisory Council Meeting in Savannah, May 25

The Georgia Secretary of State has an Elections Advisory Council, which is holding public meetings around the state to hear ideas for improving Georgia election laws. The second such meeting is Wednesday, May 25, in Savannah, at 1 pm, at the Savannah Marriott Riverfront Hotel, 100 General McIntosh Boulevard.

At the first meeting, in Atlanta, on April 27, many people spoke in favor of easing the ballot access laws.

Nevada Election Bill Amended to Make Petition Deadline for New Parties Earlier

Nevada AB 81 has been amended to provide that petitions for a new party must be completed by April of an election year. Current law requires these petitions to be completed by May. AB 81 is one of the Secretary of State’s omnibus election law bills. It has passed the Assembly and the Senate Legislative Operations and Elections Committee, and will probably receive a vote in the Senate in two days.

In 1986 a U.S. District Court struck down Nevada’s old April petition deadline for new parties. That case was Libertarian Party of Nevada v Swackhamer, 638 F.Supp. 565. At the time, Nevada required newly-qualifying parties to nominate by primary. Ever since 1987, Nevada has provided that newly-qualifying parties nominate by convention, so moving the petition deadline back to April is supremely irrational. The bill says the deadline to turn the signatures in to the Secretary of State will be in May. However, another law, not being amended by AB 81, says that the true deadine is 25 working days before deadline for the Secretary of State to receive the signatures, so the effective deadline imposed by the bill is April. Thanks to Janine Hansen for this news.