Americans Elect Starts Party Petition in Wisconsin

On January 26, Americans Elect started circulating its petition for party status in Wisconsin. 10,000 signatures are needed. Americans Elect didn’t do this petition last year because Wisconsin law won’t let the party petition circulate until January 1 of an election year. It is due May 1.

Currently, the only qualified parties in Wisconsin are Democratic, Republican, and Constitution. The Green and Libertarian Parties both failed the vote test in 2010 and went off the ballot. Greens didn’t run anyone for statewide office in 2010, and Libertarians only ran a candidate for Lieutenant Governor, and he did not get as much as 1% of the vote.

New Jersey Supreme Court Hears Case on One-Year In-District Residency Requirement for Legislative Candidates

On January 27, the New Jersey Supreme Court heard arguments in In re: Contest of November 8, 2011 Election, no. 58-11. The issue is whether Gabriela Mosquera, the Democratic nominee in the 4th district, should be seated in the Assembly. She was elected to the Assembly last year, and afterwards her opponent challenged her qualifications. Mosquera admits she has not lived in the district for a full year before the election. Ironically, she has now lived in the district for a full year, so if the Court rules that the election should be annulled, but if it also rules that the Democratic Party may name a replacement, the Democratic Party intends to choose her for the vacancy.

New Jersey does not hold special elections for legislative vacancies. The party that won the last election for a particular seat is entitled to choose a replacement. See this story about the hearing, which seems to indicate that there are some Justices who feel strongly one way, and other Justices who feel strongly the other way, and some Justices who didn’t give a clue as to their thoughts.

As an aside which has nothing to do with the controversy, Mosquera is a naturalized U.S. citizen who was born in Ecuador.

Washington Post Carries Ralph Nader Letter About Ballot Access

The January 28 print edition of the Washington Post carries this letter to the editor from Ralph Nader. Nader commends U.S. Attorney General Eric Holder for fighting for voting rights for voters, but points out that the administration has been silent about ballot access for candidates. Nader also advocates that Congress pass a national ballot access bill for federal elections. Bills to do this have been introduced in nine sessions of Congress during the last 26 years. They were introduced first by John Conyers (D-Michigan), then Tim Penny (D-Minnesota), and then by Ron Paul (R-Texas). No such bill is pending in the current session of Congress. Thanks to Bill Van Allen for the link.

Arizona, New Mexico Legislature Both Consider Public Funding of Campaigns

Currently, Arizona provides for public funding of campaigns, whereas for most offices, New Mexico does not.

In the New Mexico legislature, Senator Eric Griego has introduced SB 105, to establish public funding for all partisan state offices. The bill does not discriminate for or against any candidate on the basis of party affiliation or lack of party affiliation.

In Arizona, SCR 1021 and SB 1138 would end public funding of campaigns. Supporters of Arizona’s public funding recently succeeded in persuading the Senate Judiciary Committee to postpone a hearing on SCR 1021. It had been on the committee agenda for January 30, but it has been taken off the agenda and will probably be brought up at hearing next month.

Virginia House Committee Passes Bill to Eliminate In-District Residency Requirement for Petitioners

On January 27, the Virginia House Privileges and Elections Committee amended HB 1133 and passed it by a vote of 15-7. The original bill said parties could set their own ballot access rules for presidential primaries. The amended bill eliminates any mention of political party choice, and instead says that any resident of Virginia may circulate a petition anywhere in the state, for all office. The bill does bar minors and ex-felons from circulating, however, unless the ex-felon has had voting rights restored.

The bill has an urgency clause, so assuming it passes, it will go into effect in time to be helpful in the 2012 June primary and the general election. However, it does nothing to solve the problem that minor party and independent presidential petitions can’t circulate now, because those petitions have a residency requirement for presidential elector candidates, and the U.S. House district boundaries are still unknown. Although the bill setting up new districts did pass, it is being challenged in court and also faces Justice Department approval, which will not be easy to obtain. Thanks to Bill Van Allen for this news.