Ohio Senate Passes Bill that Moves New Party Petition Deadline Back to November of Year Before Election

Posted on by March 28, 2012
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On March 28, the Ohio Senate passed SB 295 by 23-10. It repeals last year’s omnibus election law. Last year’s omnibus election law had moved the petition deadline for newly-qualifying parties from 120 days, to 90 days, before the primary. That was the 2011 session’s attempt to create a constitutional deadline for newly-qualifying parties.

If the Ohio House also passes SB 295, then the petition deadline will move back to the same date (November of the year before the election) that was held unconstitutional in 2006 by the 6th Circuit, as least for presidential election years. Ohio holds its primary for all office in early March in presidential years, and in early May in midterm years.

The Republican majority in the Senate passed the bill, repealing the 2011 omnibus election law, because if they don’t repeal it, the voters will have an opportunity to vote on it, and the voters will probably repeal it. The majority in the Senate would prefer to simply cancel that popular vote. The reason the 2011 law was put up for a referendum vote in November 2012 is that the omnibus election law has lots of controversial features that Democrats and labor unions vociferously oppose. Democrats and labor together did the difficult work of gathering the referendum signatures. Ironically, now the Democrats in the legislature want to leave that referendum on the November 2012 ballot, because they expect to win the vote; and Republicans would rather just cancel the referendum vote.

Hawaii Green Party Petition Has Enough Valid Signatures

Posted on by March 28, 2012
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The Hawaii Office of Elections has determined that the Green Party petition has enough valid signatures. As a result, the Green Party is now safely on the ballot in Hawaii for 2012 through 2022. Hawaii says when a party has been on the ballot in three elections in a row, it is then automatically on the ballot for the next ten years.

Recently, Hawaii rejected the Constitution Party petition, and the Justice Party petition, for not having enough valid signatures. It is possible one or both parties will sue to overturn the February 2012 petition deadline. In 1986, a U.S. District Court in Hawaii enjoined the petition deadline for newly-qualifying parties, in a case brought by the Libertarian Party. At the time the law required the petition to be submitted at least 150 days before the primary.

Since then, the deadline has been made even earlier, 170 days before the primary.

South Carolina Bill Would Tell Major Parties They Must Hold Presidential Primaries a Week Earlier than Other Southern States

Posted on by March 28, 2012
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On March 27, thirty-six South Carolina House members introduced HB 5081, which tells the major political parties that if they hold a presidential primary in South Carolina, it must be at least a week earlier than any other southern state presidential primary for that same party. The bill defines “south” to include Missouri, West Virginia, Kentucky, Oklahoma, plus the eleven states that are always considered southern states.

This is a peculiar bill. If it is enacted, and one of the two major parties doesn’t want to obey it, there is a fair chance a court would rule that the law can’t be enforced on an unwilling political party. In South Carolina, parties administer their own presidential primaries, and collect the huge filing fee (this year, the Republican filing fee was $25,000 for candidates who announced early, and $35,000 for those who announced later). The two major parties don’t even necessarily hold their presidential primaries on the same day. However, taxpayers do pay for most of the administration of these presidential primaries. Thanks to Frontloading HQ for the news.