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Two Ballot Access Improvement Bills Advance

Posted on March 23, 2012 by Richard WingerMarch 23, 2012

On March 22, two bills to ease ballot access for minor parties advanced. The Nebraska Government, Military & Veterans Affairs sent LB 1035 to the floor. This ominbus election law bill includes the provision that when a party meets the vote test to remain qualified, that status lasts for four years, not just two years.

Also on March 22, Missouri HB 1236, which had already passed the House, was sent to the Senate Financial & Government Organizations & Elections Committee. This is the bill to repair the typographical error that requires petitions to create a new party to contain a list of presidential elector candidates if that group intends to nominate someone for President. If the bill passes, the group will be free to circulate the petition before it has chosen presidential elector candidates.

Virginia Congressional Primary Will be in June, Not August

Posted on March 23, 2012 by Richard WingerMarch 23, 2012

On March 14, the U.S. Justice Department approved Virginia’s new U.S. House districts. Therefore, HB 736 will not go into effect, and the congressional primary will be on June 12, not in August. HB 736 says the 2012 congressional primary should be in August if the districts aren’t approved by the Justice Department by April 3. But the districts have been approved, so that bill has no effect.

Another bill, HB 1151, says 2012 petitions may use the old districts. The Governor still hasn’t signed that bill.

Nebraska Republican Party Appeals Bob Kerrey Ballot Access Case to State Supreme Court

Posted on March 23, 2012 by Richard WingerMarch 23, 2012

See this story, which says that not only has the Republican Party of Nebraska appealed the Bob Kerrey ballot access case to the State Supreme Court, but that the Chief Justice has tentatively ruled that the appeal cannot go forward.

Illinois Supreme Court Clears Away One Small Ballot Access Barrier

Posted on March 22, 2012 by Richard WingerMarch 22, 2012

On March 22, the Illinois Supreme Court issued this opinion in Wisnasky-Bettorf v Pierce, 111253. The unanimous opinion says that when a qualified party nominates a candidate after the primary (because that party hadn’t nominated anyone at its primary), it does not need to notify election authorities within three days after deciding to make such a nomination.

The lower courts had kept a Republican nominee for office off the ballot in November 2010 because the lower courts thought that the law required such a notification.

Nebraska State Court Says State Cannot Force Congressional Candidates to be Registered Voters

Posted on March 22, 2012 by Richard WingerMarch 22, 2012

On March 22, a lower state court in Nebraska released a 9-page opinion in Nebraska Republican Party v Gale, Lancaster County district court, CI 12-1102. this is the case in which the Republican Party argued that Bob Kerrey should not be on the Democratic May 2012 primary as a candidate for U.S. Senate because he is not validly registered.

The written order matches what the judge said orally on March 21, that states cannot require congressional candidates to be registered voters. The opinion says, “States clearly cannot impose voter registration or residency requirements on candidates for U.S. Senate…the State of Nebraska does not have the constitutional authority to impose a voter registration requirement as a qualification for candidacy. Consequently, anything to do with voter registration can have nothing to do with whether candidate filing forms were properly filed.” The decision cites Schaefer v Townsend, the 9th circuit opinion that came to the same conclusion. It does not cite the 10th circuit decision that agreed, Campbell v Davidson.