Indiana Republican Senators Amend Omnibus Election Law Bill to Keep Secretary of State Office in Republican Hands

Indiana elected a new Secretary of State on November 2, 2010. He is Charlie White, the Republican nominee. However, White in in danger of being removed from the office, because the evidence points to a conclusion that he voted in a precinct in which he did not live. Current Indiana law says if the Election Board removes him from office, the runner-up becomes Secretary of State instead. Of course, the runner-up in November 2010 was the Democratic nominee.

But on April 18, the Republican majority in the State Senate amended HB 1242, an omnibus election law that had already passed the House and which (as introduced) makes 26 mundane technical changes to election laws. The amendment says that when the Election Commission decides that a candidate who was subject to a contest proceeding is declared not eligible, that office is then deemed vacant, and the Governor may fill the vacancy. The amendment applies to all state office except judicial office, Governor, and Lieutenant Governor. Indiana now has a Republican Governor.

The bill now must return to the House, for concurrence in the amendment. The amendment also clarifies that even if a candidate is removed, the vote cast for him or her still stands, for purposes of determining if that candidate’s political party remains qualified. Indiana defines qualified parties by whether or not they get 2% for Secretary of State in the last election. Some had speculated that the Republican Party could be deemed no longer a qualified party if its nominee for Secretary of State had been declared ineligible.

Louisiana Bill to Remove Names of Presidential Elector Candidates from Ballot

Louisiana Representative Rick Gallot (D-Grambling) has introduced HB 533. This is the Secretary of State’s omnibus election law bill. Among other things, it would remove the names of candidates for presidential elector from the November ballot. Louisiana currently is one of six states that still prints the names of candidates for presidential elector on ballots. The other states are Arizona, North Dakota, South Dakota, Idaho, and Oklahoma.

Printing the names of presidential elector candidates on the ballots doesn’t give voters any additional choices. No state lets voters vote for individual candidates for presidential elector. Also, printing their names on the ballot takes up space on the ballot. Obviously the more populous a state is, and the more presidential electors it has, the more ballot space is needed. Louisiana has 9 presidential electors, and the 2008 ballot had nine presidential tickets on the ballot, so the ballot had to bear the names of 81 candidates for presidential elector. Thanks to Randall Hayes for this news.

Montana Governor Signs Faithless Presidential Electors Bill

On April 18, Montana Governor Brian Schweitzer signed SB 194. This is the bill to require parties, and independent presidential candidates, to submit twice as many candidates for presidential elector as the state has seats in the electoral college. Half the presidential elector candidates are designated as alternates. If that presidential elector ticket carries the state, and one of the presidential electors votes in December for someone else for President, he or she is deemed to have resigned and to have been replaced by an alternate.

The Commission on Uniform State Laws has been urging all states to pass this idea, but it seems likely that Montana will be the only state to pass it during 2011.