U.S. District Court Holds Oral Argument in Nebraska Lawsuit on Petitioner Residency

On April 21, U.S. District Court Judge Joseph Bataillon, a Clinton appointee, held oral arguments in Citizens in Charge v Gale, 4:09-cv-3255. This lawsuit challenges the Nebraska law that bars out-of-state petitioners. See this newspaper story, which describes the testimony of Paul Jacob. The lawsuit also challenges a law saying petition sheets must contain a sentence in red ink, saying that the circulator is being paid (if the circulator is indeed being paid). The lawsuit also challenged the county distribution requirement for independent candidates, but this year the legislature repealed the county distribution requirement, so that part of the lawsuit is moot.

Judge Bataillon also has jurisdiction over another lawsuit, Bernbeck v Gale, 4:10-cv-3001, which challenges a Nebraska law that makes it illegal to pay circulators on a per-signature basis. The argument in that lawsuit was held on December 21, 2010, and no opinion has been handed down yet.

Florida House Republicans Vastly Increase Ballot Access Requirements for Presidential Nominees of New Political Parties

On April 21, the Florida House passed HB 1355 on a party-line vote, 79-37. All Republicans who voted, voted “yes”; all Democrats who voted, voted “no.” Among other things, the bill says that qualified parties may not place a presidential nominee on the ballot unless they (1) are recognized by the Federal Election Commission as a “national committee”; or (2) submit a petition signed by a number of voters equal to 4% of the last presidential election vote cast. Furthermore, the petition would need the signatures of 4% of the presidential vote cast in each of half the state’s U.S. House districts. The party would need to pay to have this petition checked. The petition is due July 15. The bill does not even say what should be on the petition, and it is impossible to know if the presidential and vice-presidential candidates’ names need to be on the petition.

It is impossible for a newly formed political party to be recognized as a “national committee” by the Federal Election Commission as early as July 15 of its first year of existence. The FEC does not grant that recognition until after a party has participated in a presidential election, and also participated in a congressional election with candidates in multiple states. The only exception was the Natural Law Party, which was recognized on September 21, 1992. Significant minor political parties that never received FEC recognition as a “national committee” include the New Alliance Party (which placed its presidential nominee, Lenora Fulani, on the ballot in all states in 1988), Barry Commoner’s Citizens Party (which requested national committee status but did not obtain it), the Communist Party, the Socialist Workers Party, the Populist Party of the 1980’s and 1990’s (which requested national committee status and did not obtain it), and the Working Families Party. Significant minor parties that did not receive FEC recognition as a national committee until after the party was several years old include the Reform Party in the period before 1998, and the Green Party in the period before 2001. Also, Americans Elect, which may become a very significant new political party in 2012, would not be able to obtain FEC recognition until 2013 at the earliest, and would not be able to obtain it even then unless it had had candidates for Congress in 2012.

The newspapers of Florida, with the exception of the Tampa Tribune, have not even mentioned the ballot access change in newspaper stories about the bill.

Indiana Senate Passes Bill that Will Keep Secretary of State's Office in Republican Hands

On April 21, the Indiana Senate passed HB 1242. Current law says if a general election winner is found ineligible, the runner-up takes the position. The bill changes that, for state office (other than Governor, Lieutenant Governor, and judicial posts) so that if the winner is found ineligible, the position is deemed vacant and the Governor may appoint someone. Indiana has a Republican Governor, Mitch Daniels. See this story.

Most observers expect the current Republican Secretary of State, Charlie White, to be found ineligible. He was elected in November 2, 2010, but he had registered in a precinct in which he didn’t live, and then he voted in that precinct.

Honolulu City Council Passes Resolution Against Instant Runoff Voting Bill in Hawaii Legislature

On April 20, the Honolulu city council passed a resolution, urging the Hawaii legislature not to pass HB 638, the bill to use Instant Runoff Voting in special elections. It is ironic that the resolution was initiated by the member of the city council who was elected in a special election and who got only 14% of the vote. It is also telling that one city councilmember praised the 2005 election in Iraq, because that election used Proportional Representation. See this story.

HB 638 has passed both houses of the Hawaii legislature and is in conference committee on April 21.

Tampa Tribune Covers Amendment in Florida Bill that Vastly Increases Ballot Access Hurdle for Presidential Candidates

The Tampa Tribune has this story about the April 18 amendment to the omnibus election law bill that makes it vastly more difficult for the presidential candidate of a new party to get on the Florida ballot. The bill, HB 1355, passed second reading on the evening of April 20, and will probably receive a vote on third reading on April 21.

The reporter who wrote the story tried, but failed, to find out which legislator inserted the ballot access amendment.