Wyoming Legislature Passes Bill Charging a Fee to Tally Write-in Votes

On February 14, the Wyoming legislature passed SF 20, the Secretary of State’s omnibus election law bill. Among other things, it gives the Secretary of State authority to charge a fee, which can be paid by any person, if that person wants the elections officials to tally the number of write-in votes any candidate received. This idea would probably be invalidated if it were challenged in court. The U.S. Supreme Court has said several times that governments can’t charge fees for voters or candidates, unless there is a compelling state interest in the fees, and the only state interest the court has accepted has been to keep ballots uncrowded. Filing fees for declared write-in candidates have been invalidated in the California Supreme Court, the 4th circuit, and a U.S. District Court in West Virginia. The bill does not require a fee if it appears the write-in candidate was elected.

SF 20 also slightly tinkers with the number of signatures needed for an independent candidate for district office. Wyoming generally requires independent candidates to submit a petition of 2% of the last vote cast. In the case of an independent candidate for the legislature, the bill provides that 2% should be calculated on the number of votes cast in the last election for that particular legislative office, instead of 2% of the last vote cast for U.S. House within that district. That change makes the calculation easier. In years after redistricting, if that district’s boundaries have changed, the formula set forth in the bill is 2% of the number of registered voters in that new district, as of the day before the previous election. Because Wyoming has election-day registration, the number of registered voters the day before the election is generally a significantly smaller number than the number of registered voters by the end of election day.

National Popular Vote Plan Bill Moves Ahead in Vermont

On February 15, the Vermont Senate Government Operations Committee passed SB 31, the National Popular Vote Plan bill. This appears to be the first instance in 2011 in which a National Popular Vote Plan bill has moved ahead, in any state’s legislature. The legislature had passed the same bill in 2008 but it had been vetoed. Vermont has a different Governor now and if the bill reaches his desk, he is expected to sign it.

Oklahoma Ballot Access Bill to be Heard by House Rules Committee

Oklahoma HB 1058, which lowers the number of signatures for a new or previously unqualified party from 5% of the last vote cast, to exactly 5,000 signatures, has a hearing in the House Rules Committee on February 16. The Committee will hear many bills, and meets at approximately 10:30 a.m.

Not every bill automatically gets a hearing in Oklahoma, so this is good news for the bill. The Committee won’t actually make a decision on the day of the hearing. Thanks to Angelia O’Dell for this news.

Rob Richie, in Huffington Post, Publicizes Need for a Right-to-Vote Amendment to U.S. Constitution

Rob Richie has this article in the Huffington Post. Although the column at first seems to be a thoughtful commentary about bills in state legislatures requiring voters at the polls to show government photo-ID, the real point of the column comes at the end. Richie makes the case for Congressman Jesse Jackson’s proposed constitutional amendment, affirming the right to vote for adult U.S. citizens. Jackson has repeatedly introduced the amendment in past sessions of Congress, and will re-introduce it again shortly. Thanks to Rick Hasen for the link.