New Jersey Bill, Moving Presidential Primary from February to June, Advances

On May 5, the New Jersey Assembly State Government Committee unanimously passed A3777. It moves the presidential primary from February to June. The bill saves money, because the primary for office other than President is in June anyway.

All New Jersey presidential primaries 1968 through 2004 were in June. For 2008, New Jersey held a February presidential primary. A3777 has no effect on petition deadlines for independent or minor party candidate petitions. Thanks to Frontloading HQ for this news.

Third Circuit Orders New Jersey to Print Carl Lewis' Name on Ballots

On May 5, the 3rd circuit issued this 2-page order, requiring New Jersey not to print any Democratic primary ballots that omit the name of Carl Lewis for State Senate. The primary is June 7. The order does not guarantee that Lewis will be able to run, but now time is on his side instead of against him. The case in the 3rd circuit is Lewis v Guadagno, 11-2109.

The U.S. District Court will now expedite its ruling on whether the New Jersey Constitution violates the U.S. Constitution when it requires candidates for State Senate to have lived in the state for at least four years. Also, the New Jersey Supreme Court may rule that he has been a resident of New Jersey for the last four years. Lewis’ biggest difficulty for winning on statutory construction is that he voted in California in 2009. Thanks to Rick Hasen for this news.

Nevada Republican Party Sues Secretary of State Over Special U.S. House Election

On May 5, the Nevada Republican Party filed a lawsuit in state district court in Carson City, over whether the September 2011 special U.S. House election should have partisan nominees or not. Nevada has never before had a special U.S. House election. The rules are unclear, and the Secretary of State, who is a Democrat, had determined earlier this week that the election should be conducted as though the office is non-partisan, except that each candidate would have a label on the ballot, indicating his or her party (as determined by voter registration records).

The lawsuit argues that it is clearly the intent of the legislature that special U.S. House elections, just as regularly-scheduled U.S. House elections, are partisan elections in which parties nominate candidates. If the lawsuit wins, the qualified parties will nominate by convention or caucus, under their own rules, because the law says there should be no primaries in special congressional elections. The case is Nevada Republican Party v State of Nevada, 11-oc-00147.

Florida Legislature Passes Omnibus Election Law Bill which Curtails Ballot Access

On May 5, the Florida Senate passed HB 1355, the 157-page omnibus election law bill. It returns to the House because the version passed by the House is not exactly the same. The vote in the Senate was 25-13. All twelve Democrats voted “No”, and one Republican Senator also voted “No.” UPDATE: a few hours later, the House passed the bill by 80-37.

The bill makes it virtually impossible for a new political party, or an old political party that does not have “national committee” status, to place a presidential nominee on the ballot. It also tells all political parties that they may not nominate someone (for any office) who was a registered member of another party during the year before filing.

Assuming the bill is signed into law, the ballot access provisions will be challenged in court.

Tennessee Senate Moves Vote on Ballot Access Bill to May 9

The Tennessee Senate had been scheduled to vote on SB 935 on May 5, but the bill has been reset for Monday, May 9. SB 935 is the ballot access bill for minor and new political parties. When the Senate does take up the bill, it will consider seven amendments, some of which change the number of signatures. The bill has now been set for a vote, and then postponed, eight times now.