On April 12, the Arizona Senate passed HB 2304 unanimously. This is the Secretary of State’s omnibus election law bill, and it contains two ballot access improvement. It legalizes out-of-state circulators for all types of petition, and it says that when a party qualifies for the ballot, it is then on the ballot for the next two elections.

Because unrelated parts of the bill were amended in the Senate, the bill must go back to the House for concurrence in those amendments, so it is not completely through the legislature yet. Assuming it is signed into law, the Green Party will be on the ballot in 2012 with no need for a petition.

On April 12, the Tennesssee House State and Local Government Committee passed HB 794 with no amendments. This is the bill that makes minor improvements in the ballot access law for new and minor parties. The existing law was held unconstitutional last year. The bill moves the deadline from March to early April and deletes the wording on the petition that says the signers are members.

The identical bill, SB 935, will receive a vote on the Senate floor on Thursday, April 14. Already, seven amendments have been proposed to the Senate bill, all of which improve it. It is very likely that one of these amendments will pass, because both the Senate Majority Leader and the Senate Minority Leader have introduced these amendments.

Amendment #1-0, by Senator James Kyle (D-Memphis), lowers the number of signatures from 2.5% of the last gubernatorial vote (which is over 40,000 signatures) to exactly 10,000, and also lowers the vote test for a party to remain qualified from 5% to 1%, although that vote test must be met three elections in a row.

Amendment #1-1, also by Kyle, requires exactly 6,000 signatures, and says that each of 2,000 signatures must come from each of the three “Grand Divisions” of Tennessee (west, central and east Tennessee).

Amendment #2, by Stacey Campfield (R-Knoxville), allows disaggregated fusion in Tennessee. Fusion is not now legal in Tennessee. “Fusion” means the ability of two parties to jointly nominate the same candidate. A candidate with support from two parties would be listed twice on the ballot, and voters could choose which party label to support.

Amendment #3, also by Campfield, keeps the number of signatures at 2.5% of the last gubernatorial vote, but says a party that is unable to qualify statewide may qualify in any U.S. House district, or any legislative district.

Amendment #4, by the bill’s sponsor, Senator Mark Norris, the Majority Leader, requires exactly 10,000 signatures.

Amendment #5, by Campfield, legalizes fusion, but only between a statewide party and a party that is only qualified in the district.

Amendment #6, by Campfield, requires 10,000 signatures and also lets a party that is unable to qualify statewide, qualify in just a single district.

With all these amendments having been introduced, it seems fairly likely that the Senate bill will be improved on April 14.

On April 11, the Libertarian Party and the Green Party filed a lawsuit in state court, asking that their petitions for ballot access in 2012/2014 be ruled to have enough valid signatures. The case is Libertarian Party of Maryland et al v Maryland State Board of Elections, in Anne Arundel Circuit Court.

The complaint points out these flaws in the recent validation process: (1) the petition has a place for a signature and a printed name. If the signer used a middle name or initial in his or her printed name but not the signature, or vice versa, the signature was invalid; (2) if the signer used a different form of his or her first name in the signature line versus the printed line, the signature was invalid (for example, printing Margaret but signing Peggy); (3) if a signer signed twice and the first time was invalid, but the second attempt would have been valid, neither the first nor second attempt was considered valid; (4) if the circulator varied his or her name (as in points #1 or #2 above) the entire sheet was invalid; (5) the state changed the wording on the petition slightly during the petition drives, and sheets with the old wording were rejected; (6) and, as is the case for almost all petitions, sometimes signatures were invalidated even though they were clearly valid.