On April 12, Ohio Senator Mark Wagoner introduced SB 148, with the backing of the Secretary of State. It is an omnibus election law bill, and includes a provision for a new procedure for minor parties to get on the ballot. The old procedure was held unconstitutional in 2006.

The bill provides that a petition to qualify a new or previously unqualified party needs signatures equal in number to one-half of 1% of the last vote cast. If this bill had been in effect in 2010, it would have required 28,542 valid signatures. If it were in effect in 2012, it would require 19,263 valid signatures. The petition would be due 100 days before the primary. If it were in effect in 2012, the petition deadline would be November 26, 2011 (the next Ohio statewide primary is March 6, 2012).

The bill also has a provision for a party that does not wish to run anyone for any partisan office except President. That petition would also require one-half of 1% of the last vote cast, but it would not be due until 80 days before the general election, which would be August 18, 2010.

It is not clear if the Secretary of State believes that this bill, if signed into law, could be implemented for 2012. If it were signed into law, for example, in July 2011, it would give parties only four months to comply with the law. Some courts have ruled in the past that when a new petition hurdle is implemented during the middle of the petitioning season, due process requires that the number of signatures be reduced proportionately to the time not available.

It is likely that the new petition deadline (for parties that wish to have candidates for all office, not just president) would still be unconstitutional. Petition deadlines for new parties that are earlier than the primary, and earlier than May, have always been declared unconstitutional, regardless of how few signatures are required. Even states that had very low signature requirements could not win in court against petition deadlines in April or earlier. Examples are Alaska, Kentucky, Maine, and New Jersey, all of which required 5,000 or fewer signatures for new parties, or new party nominees, but still had their early deadlines thrown out.

On May 5, the 3rd circuit issued this 2-page order, requiring New Jersey not to print any Democratic primary ballots that omit the name of Carl Lewis for State Senate. The primary is June 7. The order does not guarantee that Lewis will be able to run, but now time is on his side instead of against him. The case in the 3rd circuit is Lewis v Guadagno, 11-2109.

The U.S. District Court will now expedite its ruling on whether the New Jersey Constitution violates the U.S. Constitution when it requires candidates for State Senate to have lived in the state for at least four years. Also, the New Jersey Supreme Court may rule that he has been a resident of New Jersey for the last four years. Lewis’ biggest difficulty for winning on statutory construction is that he voted in California in 2009. Thanks to Rick Hasen for this news.

On May 5, the Florida Senate passed HB 1355, the 157-page omnibus election law bill. It returns to the House because the version passed by the House is not exactly the same. The vote in the Senate was 25-13. All twelve Democrats voted “No”, and one Republican Senator also voted “No.” UPDATE: a few hours later, the House passed the bill by 80-37.

The bill makes it virtually impossible for a new political party, or an old political party that does not have “national committee” status, to place a presidential nominee on the ballot. It also tells all political parties that they may not nominate someone (for any office) who was a registered member of another party during the year before filing.

Assuming the bill is signed into law, the ballot access provisions will be challenged in court.