Idaho Ballot Access Bill Introduced

On March 15, the Idaho House State Affairs Committee introduced HB 275, which is another of the Secretary of State’s omnibus election law bills. Among the many election law changes is a provision lowering the number of signatures for an independent presidential candidate from 1% of the last presidential vote (currently 6,552 signatures) to exactly 1,000 signatures.

No Green Party presidential nominee has ever been on the ballot in Idaho. However, assuming this bill passes, it seems likely that whomever the Green Party nominates for President in 2012 will be able to comply with this requirement. The bill has no direct impact on the Libertarian or Constitution Parties, because they are already ballot-qualified parties.

Tennessee Bill, Making Slight Improvements in Ballot Access, Advances

On March 15, the Tennessee Senate State and Local Government passed SB 935, which makes slight improvements to ballot access for minor parties. It moves the petition deadline for the petition to qualify a new party from March to early April, and deletes the requirement that says the petition says signers are members of the party. See this story. The bill does not lower the number of signatures, 2.5% of the last gubernatorial vote. For 2012 and 2014, this would be 40,042 valid signatures. The story is wrong to say the bill requires 60,000 signatures.

The story’s author asserts that the bill cures the constitutional defects in Tennessee’s procedure to get a new party on the ballot, but the author is mistaken. The September 2010 decision of a U.S. District Court, invalidating the existing law, emphasized that a petition deadline four months before the primary is unconstitutional, but the bill’s deadline would still be four months before the August primary. Read the part of the decision on pages 33 through 37.

9th Circuit Hears Lawsuit on Constitutionality of San Francisco's Instant-Runoff Voting

On March 15, the 9th circuit heard oral arguments in Dudum v City and County of San Francisco. This is a federal case, filed in 2010 by opponents of San Francisco’s version of Instant-Runoff Voting. Because the San Francisco vote-counting equipment is not as flexible as it might be, San Francisco’s system limits voters to a first choice, second choice, and third choice, when they vote for city officials. Opponents of IRV filed the lawsuit, arguing that the limit on the number of choices is unconstitutional. This San Francisco Chronicle article says that the three judges seemed skeptical of that argument. The IRV opponents lost this case in U.S. District Court.

The three judges on the case are Richard Paez and Marsha Berzon, Clinton appointees, and Carlos Bea, a Bush Jr. appointee. All three judges are Californians. The law firm representing the opponents of IRV is the same law firm that represents former California Lieutenant Governor Abel Maldonado, in the two lawsuits currently challenging certain aspects of California’s top-two system. This is ironic, because according to the newspaper story, this law firm in Dudum v City and County of San Francisco is emphasizing that the U.S. Constitution requires that all votes be counted. And yet in the two pending cases against certain aspects of Proposition 14, the same law firm is arguing that it is constitutional to provide write-in space on ballots and yet not only not count write-ins, but not even count how many write-ins were cast. Under California’s Proposition 14, a write-in winner could win in November and even then those write-ins would not be counted. UPDATE: here is another newspaper story about the hearing.

Texas Bill, Which Would Have Imposed Filing Fees on Minor Party and Independent Candidates, is Withdrawn

On March 14, Texas Representative Leo Berman withdrew his bill, HB 418. This is the bill that would have imposed filing fees on candidates who get on the November ballot by petition and by convention, i.e., independent candidates and the nominees of minor parties. The Texas minor parties had done a good job of organizing opposition to this bill at its hearing on March 7. Thanks to IndependentPoliticalReport for this news.

Three California Election Law Bills Advance

On March 15, the California Assembly Elections Committee passed AB 80 unanimously. It moves the presidential primary from February to June. Because the primary for office other than President is already in June, combining the presidential primary with the non-presidential primary to a single date will save almost $100,000,000.

Also on March 15, the California Senate Elections Committee passed SB 205 by a vote of 3-2. It outlaws paying anyone who goes out in public and asks voters to change their registration from one party to another, if the payment is based on a per-registration basis. The payment may not be on a per-registration basis “directly or indirectly”, which seems to say that if someone hires someone else to obtain voter registration changes, the payer can’t even give a bonus for high-performance workers. This bill will make it far more difficult for parties to maintain their place on the ballot, or to qualify for the ballot. The only procedure remaining in California for a party to be ballot-qualified is to have at least 103,004 registered members. The Libertarian Party needs another 11,000 registrants, and the Peace & Freedom Party needs another 45,000 registrants, although not until 2014. Making it illegal for these parties to hire “salespeople” to get them more registrants will hamper these registration drives, if the parties can’t pay the workers on a per-registrant basis.

Dave Kadlecek of the Peace & Freedom Party, and Richard Winger (the person writing this post) testified against the bill. Winger testified that the bill should be amended, to no longer define “political party” by how many registered voters it has. However, the bill’s sponsor, Senator Lou Correa, chair of the Committee, seemed uninterested in that proposal. The two Republicans on the Senate Elections Committee, Doug LaMalfa and Ted Gaines, expressed sympathy for minor parties and voted against the bill.

Finally, the California Senate Elections Committee passed SB 168 on a 3-2 vote, with the three Democrats voting in favor. This bill makes it illegal to pay petition circulators on a per-signature basis. However, Senator Ted Lieu stated that although he would vote for the bill in Committee, that he had serious doubts about the bill and that he likely would oppose it on the Senate floor.