Tennessee Senate Again Postpones Consideration of Ballot Access Bill

Posted on by April 28, 2011
2

On April 28, the Tennessee Senate, which had been set to debate the ballot access bill that day, postponed that bill until May 5. The Senate bill, SB 935, has seven amendments pending, some of which lower the number of signatures needed for a new party to get on the ballot. One amendment proposes 10,000 signatures, and another amendment proposes 6,000. This is the sixth time the Senate has postponed consideration of the bill. It was originally on the consent calendar for March 21, but was removed. Since then it has been scheduled for the regular calendar on March 24, March 29, April 7, April 14, and April 28, but each time it was postponed to a future day.

The House has already passed a companion bill that leaves the number of signatures at 2.5% of the last gubernatorial vote (40,042 signatures). The legislature must pass some bill on this subject this year, because the existing law was held unconstitutional last year.

South Carolina Republican Party Asks for Clarification in Open Primary Lawsuit

Posted on by April 28, 2011
1

As noted earlier, on March 30, a U.S. District Court Judge in South Carolina ruled that the Republican Party cannot close its primary to non-members, on the grounds that the party is always free to nominate by convention if it wishes. On April 27, the Republican Party filed a brief with the U.S. District Court, asking for clarification of the March 30 ruling. The party believes that the March 30 ruling is unclear on whether the challenged law is constitutional on its face, or constitutional as applied. Also, the party makes the case that the ruling is unclear on whether it is just a denial of injunctive relief, or a judgment that the case is now over in that court. A response from the state is due on May 16. Until these ambiguities are settled, it is not possible to know if the party will appeal. The case is The Greenville County Republican Party v State, 6:10-cv-1407.

Indiana Election Bill Amended so that Democrats May Soon Gain Indiana Secretary of State Position

Posted on by April 28, 2011
Reply

One of the Indiana legislature’s omnibus election law bills has been amended again, so that now, if current Republican Secretary of State Charlie White is removed from office, the office will go to the Democratic nominee. White is fairly likely to be removed soon, because he registered at a precinct at which he didn’t live, and also voted in that precinct. The existing law, which would continue to be in place if the bill passes, says the office goes to the candidate who came in second, which, of course, is the Democratic nominee.

HB 1242 had been amended in the Senate to change the law on succession, and to say that when most state offices become vacant, the Governor may fill the vacancy. But on April 26 the House had rejected that amendment. Now, the bill’s author, Representative Kathy Richardson, is amending the bill again to keep the new succession rules but to make them effective at a point in the future, so that the change won’t apply to the 2010 Secretary of State race. See this story. Thanks to Rick Hasen for the link.

Michigan Supreme Court Won't Hear Socialist Party Ballot Access Case

Posted on by April 27, 2011
3

On April 25, the Michigan Supreme Court issued this order, refusing to hear Socialist Party of Michigan v Secretary of State, 142163. The party had complained that Michigan requires almost twice as many signatures for a new party to get on the ballot, than it requires votes for an old party to remain on the ballot. The U.S. Supreme Court had said in Williams v Rhodes in 1968 that states cannot discriminate against new parties, relative to old ones. That decision struck down the Ohio ballot access law for new parties, partly because Ohio required more signatures for a new party to get on than for an old party to remain on.