Write-in Candidate May Have been Elected in Oak Lawn, Illinois

Oak Lawn, Illinois, held an election on April 5 for Village Board Trustee. Unofficial tallies show that it is plausible that a write-in candidate may have defeated the only candidate whose name was printed on the ballot. The unofficial tallies show 730 votes for the write-in candidate, Dan Sodaro, and 738 votes for the candidate whose name was on the ballot. The write-in candidate had intended to be on the ballot, but his opponent had challenged his petition. See this story. The election board is about to start the official canvass.

National Popular Vote Bill Passes California Assembly Elections Committee

On April 12, the California Assembly Elections Committee passed AB 459. This is the National Popular Vote Plan bill. It also gained some Republican co-sponsors. Thanks to Pete Martineau for this news. The vote was 5-1.

The Committee also passed two bills that legalize write-in votes when the voter forgot, or didn’t know, to “X” the box next to the name written in. These votes would only be counted, however, if the election involving the write-in candidate is very close, and there is a possibility that the write-in candidate might have won, if these votes were counted. These bills are AB 461 and AB 503.

Ironically, both the National Popular Vote Plan bill, and the write-ins bills, had been passed by previous sessions of the legislature, but both ideas had been vetoed by former Governor Arnold Schwarzenegger.

The committee also passed AB 481, which requires people who are circulating an initiative, referendum or recall petition to wear badges, telling if they are being paid or if they are volunteers.

Arizona Ballot Access Bill Passes Senate

On April 12, the Arizona Senate passed HB 2304 unanimously. This is the Secretary of State’s omnibus election law bill, and it contains two ballot access improvement. It legalizes out-of-state circulators for all types of petition, and it says that when a party qualifies for the ballot, it is then on the ballot for the next two elections.

Because unrelated parts of the bill were amended in the Senate, the bill must go back to the House for concurrence in those amendments, so it is not completely through the legislature yet. Assuming it is signed into law, the Green Party will be on the ballot in 2012 with no need for a petition.

Texas Committee Amends Bill to Provide for Later Primaries, Later Deadline for Minor Party Petitions

On April 7, the Texas House Defense and Veteran Affairs Committee amended HB 111, so that now the bill moves the date of the Texas primaries. Currently, the primary for all office is in early March. The bill moves the primary to the first Tuesday in April, which in 2012 would be April 3. If enacted, this change would automatically move the petition deadline for new and minor parties from May, to June. It would also automatically move the petition deadline for independent candidates (for office other than President) to early July.

Ironically, however, it would not move the independent presidential petition deadline, because that type of petition is not keyed to the date of the primary. So independent presidential candidate petitions would still be in early May. With later filing deadlines for independent candidates for other office, it would be absurd and almost certainly unconstitutional to require presidential independents to file that early. It is somewhat likely that the bill will be amended again to handle this problem. Thanks to Jim Riley for this news.

Tennessee Committee Passes Ballot Access Bill with No Changes, but Amendments Likely in Senate

On April 12, the Tennesssee House State and Local Government Committee passed HB 794 with no amendments. This is the bill that makes minor improvements in the ballot access law for new and minor parties. The existing law was held unconstitutional last year. The bill moves the deadline from March to early April and deletes the wording on the petition that says the signers are members.

The identical bill, SB 935, will receive a vote on the Senate floor on Thursday, April 14. Already, seven amendments have been proposed to the Senate bill, all of which improve it. It is very likely that one of these amendments will pass, because both the Senate Majority Leader and the Senate Minority Leader have introduced these amendments.

Amendment #1-0, by Senator James Kyle (D-Memphis), lowers the number of signatures from 2.5% of the last gubernatorial vote (which is over 40,000 signatures) to exactly 10,000, and also lowers the vote test for a party to remain qualified from 5% to 1%, although that vote test must be met three elections in a row.

Amendment #1-1, also by Kyle, requires exactly 6,000 signatures, and says that each of 2,000 signatures must come from each of the three “Grand Divisions” of Tennessee (west, central and east Tennessee).

Amendment #2, by Stacey Campfield (R-Knoxville), allows disaggregated fusion in Tennessee. Fusion is not now legal in Tennessee. “Fusion” means the ability of two parties to jointly nominate the same candidate. A candidate with support from two parties would be listed twice on the ballot, and voters could choose which party label to support.

Amendment #3, also by Campfield, keeps the number of signatures at 2.5% of the last gubernatorial vote, but says a party that is unable to qualify statewide may qualify in any U.S. House district, or any legislative district.

Amendment #4, by the bill’s sponsor, Senator Mark Norris, the Majority Leader, requires exactly 10,000 signatures.

Amendment #5, by Campfield, legalizes fusion, but only between a statewide party and a party that is only qualified in the district.

Amendment #6, by Campfield, requires 10,000 signatures and also lets a party that is unable to qualify statewide, qualify in just a single district.

With all these amendments having been introduced, it seems fairly likely that the Senate bill will be improved on April 14.