California Democratic Legislators Advance Bills Injuring Ballot Access for New Parties, Initiatives

Posted on by May 10, 2011
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On April 24, the California Senate passed SB 205, which makes it illegal to pay voter registration workers on a per-registration card basis. All the newly-qualifying parties in California since 1970 have qualified for the ballot by persuading voters (equal to 1% of the last gubernatorial vote) to register into the party. All of these efforts have involved paying workers a certain amount of money for each voter registration for that party. If this bill is signed into law, that method for getting on the ballot will be illegal. SB 205 passed on a party-line vote, with all Democrats voting “yes” and all Republicans voting “no.”

On May 9, the California Senate passed SB 168, which makes it illegal to pay circulators on a per-signature basis, if they are working on initiative, referendum, or recall petitions. On the same day, the Senate passed SB 448, which forces circulators of those kind of petitions to wear a button that tells whether they are paid or volunteer. These bills also passed on party line votes, with all Democrats voting “yes” and all Republicans voting “no.”

Many States are Abandoning February Presidential Primaries

Posted on by May 10, 2011
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In 2008, twenty states and the District of Columbia held presidential primaries in February. However, nine of those jurisdictions have moved their 2012 presidential primaries from February to a later month. The latest such state is Tennessee. On May 9, the Governor signed HB 612, moving the Tennessee presidential primary to March. Other places that held February presidential primaries in 2008 but which won’t in 2012 are Illinois, Massachusetts, Oklahoma, Virginia (which moved to March); Maryland, and the District of Columbia (both of which moved to April); Arkansas (which moved to May); and Utah (which moved to June).

Bills eliminating February presidential primaries are pending in several other states, and are expected to pass.

Washington, which had a February presidential primary in 2008, is not expected to hold a presidential primary at all in 2012. Legislation to cancel it is sitting on the Governor’s desk. Thanks to Frontloading HQ for the news about Tennessee.

Carl Lewis Has Hearing in U.S. District Court on May 10

Posted on by May 9, 2011
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A New Jersey U.S. District Court will hold a status conference in Lewis v Guadagno, 11-cv-2381, on Tuesday, May 10, at 10 a.m, in Camden. This is the case on whether the New Jersey Constitution violates the U.S. Constitution by requiring candidates for the State Senate to have lived in New Jersey for at least four years. Carl Lewis, a famous Olympic track star, is trying to get his name on the Democratic primary ballot for State Senate. The primary is June 7, 2011. New Jersey elects all its state officers in odd years. See this story.

UPDATE: see this story, which reveals that the Republican Governor of New Jersey is hoping that Lewis is kept off the ballot.

Tennessee Legislature Passes Bill that makes Only Slight Improvements to Ballot Access

Posted on by May 9, 2011
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On May 9, the Tennessee Senate passed HB 794 by a vote of 24-9. This is the bill that makes only slight improvements in ballot access for new and minor parties. The bill deletes the requirement that the petition say that the signers are members. It moves the petition deadline from March to early April. But it leaves the same number of signatures that the old law required, 2.5% of the last gubernatorial vote, which would be 40,042 signatures in 2012.

Last year, a U.S. District Court in Tennessee invalidated the old law. The decision says, concerning deadlines, “The 6th Circuit cited and relied upon decisions in other Circuits and district courts holding State deadlines of 60 days and 90 days prior to a primary as creating burdens for minor political parties and voters. 462 F.3d at 586 (citing Council of Alternative Parties v Hooks), 121 F.3d 876,880 (3d Cir. 1997)(60 days deadline before primary an undue burden because ‘the election is remote and voters were generally uninterested in the campaign.’))…Other district courts in this Circuit have stricken state deadlines for lesser periods of time than Tennessee’s 120 days deadline. See Libertarian Party of Kentucky v Ehrler, 776 F.Supp. 1200, 1205-06 (E.D. Ky. 1991)(holding deadline of 119 prior to the primary an unconstitutional burden on voters and minor political parties); Cripps v Seneca Co. Bd. of Elections, 629 F.Supp. 1335, 1338 (N.D. Ohio 1985)(deadline of 75 days before the primary for independent candidates violates the First Amendment).”

The Tennessee bill still leaves a deadline of 120 days between the petition deadline and the August primary, so the bill, if signed into law, will still be unconstitutional.

Vermont Legislature Adjourns, Having Passed Almost No Election Law Bills

Posted on by May 9, 2011
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The Vermont legislature adjourned for the year on May 6. The only election law of significance that passed this year’s session was the National Popular Vote Plan bill, which was signed into law several weeks ago.

HB 241, which would have changed fusion, never made any headway. Vermont lets two parties jointly nominate the same person now. But that candidate’s name is only listed once on the ballot, with both party names next to the name of that candidate. The bill would have provided two separate boxes on the ballot, so that a voter could indicate a preference for one party.

HB 25, which would have made it more difficult for a party to nominate someone by write-in votes at its own primary, also made no headway.

No bill was ever introduced to move the independent candidate petition deadline from June to a later date, even though a Superior Court has already issued an order which strongly suggests that the deadline is unconstitutionally early.