On April 21, Americans Elect submitted the paperwork to qualify as a political party in Florida. This is an action Americans Elect would have been doing in Florida eventually, in any case. However, the filing was done earlier than it would have been otherwise. If HB 1355 is signed into law and Americans Elect (or possibly other parties as well) brings a lawsuit against the new law, it may be legally advantageous that Americans Elect had already been qualified, when the new, drastic ballot access restriction took effect.
On April 21, the Indiana Supreme Court heard arguments in Snyder v King, 94S00-1101. The Court must decide whether a state law is consistent with the Indiana Constitution. The Indiana Constitution authorizes the legislature to cancel voter registration for those incarcerated for “infamous crime”. The legislature feels this gives it the authority to create a law canceling voter registration for anyone incarcerated, even if only for a misdemeanor. The plaintiff had been locked up for battery, a misdemeanor. The plaintiff had then sued in federal court, and the federal court had then asked the Indiana Supreme Court to interpret whether “infamous crime” can include a misdemeanor. Thanks to Election Law@Moritz for this news.
Recall petitions have now been filed against five Republican State Senators, and three Democratic State Senators, in Wisconsin. See this story, which also indicates that some of the petitions are being challenged. Elections officials are asking for emergency appropriations to cover the cost of checking the petitions.
On April 21, U.S. District Court Judge Joseph Bataillon, a Clinton appointee, held oral arguments in Citizens in Charge v Gale, 4:09-cv-3255. This lawsuit challenges the Nebraska law that bars out-of-state petitioners. See this newspaper story, which describes the testimony of Paul Jacob. The lawsuit also challenges a law saying petition sheets must contain a sentence in red ink, saying that the circulator is being paid (if the circulator is indeed being paid). The lawsuit also challenged the county distribution requirement for independent candidates, but this year the legislature repealed the county distribution requirement, so that part of the lawsuit is moot.
Judge Bataillon also has jurisdiction over another lawsuit, Bernbeck v Gale, 4:10-cv-3001, which challenges a Nebraska law that makes it illegal to pay circulators on a per-signature basis. The argument in that lawsuit was held on December 21, 2010, and no opinion has been handed down yet.
On April 21, the Florida House passed HB 1355 on a party-line vote, 79-37. All Republicans who voted, voted “yes”; all Democrats who voted, voted “no.” Among other things, the bill says that qualified parties may not place a presidential nominee on the ballot unless they (1) are recognized by the Federal Election Commission as a “national committee”; or (2) submit a petition signed by a number of voters equal to 4% of the last presidential election vote cast. Furthermore, the petition would need the signatures of 4% of the presidential vote cast in each of half the state’s U.S. House districts. The party would need to pay to have this petition checked. The petition is due July 15. The bill does not even say what should be on the petition, and it is impossible to know if the presidential and vice-presidential candidates’ names need to be on the petition.
It is impossible for a newly formed political party to be recognized as a “national committee” by the Federal Election Commission as early as July 15 of its first year of existence. The FEC does not grant that recognition until after a party has participated in a presidential election, and also participated in a congressional election with candidates in multiple states. The only exception was the Natural Law Party, which was recognized on September 21, 1992. Significant minor political parties that never received FEC recognition as a “national committee” include the New Alliance Party (which placed its presidential nominee, Lenora Fulani, on the ballot in all states in 1988), Barry Commoner’s Citizens Party (which requested national committee status but did not obtain it), the Communist Party, the Socialist Workers Party, the Populist Party of the 1980’s and 1990’s (which requested national committee status and did not obtain it), and the Working Families Party. Significant minor parties that did not receive FEC recognition as a national committee until after the party was several years old include the Reform Party in the period before 1998, and the Green Party in the period before 2001. Also, Americans Elect, which may become a very significant new political party in 2012, would not be able to obtain FEC recognition until 2013 at the earliest, and would not be able to obtain it even then unless it had had candidates for Congress in 2012.
The newspapers of Florida, with the exception of the Tampa Tribune, have not even mentioned the ballot access change in newspaper stories about the bill.