Washington Legislature Passes Bill to Preserve Elections for Major Party Precinct Committee Officers

On March 5, the Washington state legislature gave final approval to HB 1860, which sets out procedures by which major parties can continue to elect Precinct Committee Officers. The old procedure had been held unconstitutional last year, on Freedom of Association grounds, because the old system provided that all voters at the general election participate in such internal party elections.

The new procedure puts these elections on the primary ballot. The primary ballot explains that anyone who votes in these elections is, by his or her vote, affiliating with the major party. Any voter who votes for both a Democratic candidate for Precinct Committee Officer, and a Republican candidate for Precinct Committee Officer, has cast an invalid vote that is not counted.

The bill is flawed because it assumes that the Democratic and Republican Parties will forever be qualified parties. It names those two particular parties. A better-drafted bill would not have done that. The last time a party other than the Democratic and Republican Parties met the state’s new definition of qualified party (one that polled at least 5% for President), was in 1996, when the Reform Party met that definition.

Arizona Bill, Making Presidential Primary Ballot Access More Difficult, Advances

On the evening of March 5, the Arizona Senate Judiciary Committee passed HB 2379, which is the Secretary of State’s omnibus election law bill. Among other things, it imposes a requirement that presidential primary candidates need 1,000 signatures, unless they have qualified for primary season matching funds or are already on the ballot in the presidential primaries of 20 other states. For parties which have a presidential primary but have fewer than 50,000 registered members, any registered voter can sign the 1,000-signature petition. But for parties with over 50,000 registered members, only party members may sign.

Current law lets anyone on a presidential primary ballot who applies and who certifies that he or she has an Arizona campaign committee.

Pennsylvania State Court Keeps Congressman Jason Altmire on Democratic Primary Ballot

On March 5, a Pennsylvania Commonwealth Court in Pittsburgh ruled that Jason Altmire, an incumbent member of Congress, may be on the Democratic primary ballot. His petition was challenged, partly because one of his circulators allegedly didn’t live in the district. The judge ruled that the circulator does live in the district. See this story. That ruling side-steps the constitutional issue of whether petitioners need to live in the district.

California Hearing on Top-Two System Postponed Until April 10

The hearing in Rubin v Bowen, which had been set for March 6 in Superior Court in Alameda County (at the Oakland Courthouse) has been postponed until April 10. This is the case against the California “top-two” system (Proposition 14), filed by the Peace & Freedom Party, the Libertarian Party of California, and the Alameda County Green Party. It is the only case against any state’s top-two system that has been filed by minor parties exclusively, and which focuses on the exclusion of all but two candidates from the election itself.

This case should not be confused with the lawsuits Field v Bowen, and Chamness v Bowen, which attack two particular details of California’s top-two system: (1) no write-ins; (2) discriminatory policy on ballot labels. Chamness v Bowen is pending in the 9th circuit.

No Petitioning Relief for Georgia This Year

On March 5, the Georgia House passed HB 899, which contains all the Secretary of State’s election law recommendations except the provision lowering the number of signatures for minor party and independent candidates. The Macon newspaper story was correct. Representative Mark Hamilton was so resentful that one or two Georgia ballot access activists had been rude to him that he killed the provision lowering the number of signatures. The original bill, containing the Secretary of State’s recommendations, was HB 949, but all the contents of that bill, except the part lowering the number of signatures, were moved into HB 899, and that is the bill that passed the House today.