Oklahoma Bills, Moving Primary, Get Publicity in Oklahoma's Largest Newspaper

The Oklahoman has this story about bills in the Oklahoma legislature to move the primary from July to June. The story mentions that the filing deadline for individuals to file for the primary would move to April. However, the story does not mention that the bills also move the deadline for a party to qualify for the ballot from May 1 to March 1. The newspaper story title has a typo; obviously the newspaper meant to say “filing period”, not “failing period.”

Oklahoma legislators, and other Oklahomans who follow current affairs, seem unaware that early petition deadlines for new parties to qualify for the ballot are unconstitutional, especially when the state requires a very large number of signatures. In most states, newly-qualifying parties nominate by convention, not by primary, so states with early primaries are still able to have reasonable deadlines for parties to get on the ballot. Oklahoma is one of the states that insists that even newly-qualifying parties must nominate by primary.

Independent Voting Asks to Intervene in South Carolina Republican Party Lawsuit to Close Primaries

On February 4, IndependentVoting.org filed a request with a U.S. District Court in South Carolina, asking that it be allowed to intervene in the lawsuit called Greenville County Republican Party Executive Committee, and South Carolina Republican Party, et al., v State of South Carolina, 6:10-cv-01407. Here is IndependentVoting’s memorandum. Here is IndependentVoting’s Motion, which includes affidavits by Jacqueline Salit, president of IndependentVoting, and Wayne Griffin, chair of the ballot-qualified Independence Party of South Carolina.

The Motion also includes unsigned statements by a South Carolina Democratic legislator, Joe Neal; by Allen Olson, chair of the Columbia Tea Party; by Brett Bursey, who was the Labor Party’s nominee for state house last year; and by Ted Adams, chair of the Constitution Party of South Carolina.

The lawsuit was filed last year by the Greenville County Republican Party and the South Carolina Republican Party. It argues that since parties in South Carolina must pay for their own primaries for municipal office (in cities that have partisan elections), the parties ought to be able to limit voting in those primaries to voters who are not “rivals” of the party. The Republicans also attack a state law that says that if a party convention chooses to nominate by convention, the motion must pass with a 3/4ths vote. South Carolina is one of the few states that lets all parties decide for themselves whether to nominate by primary or by convention, but the 3/4ths law makes it difficult for the major parties to ever opt out of a primary. The papers filed by IndependentVoting do not discuss the point that parties pay for their own municipal primaries. Also, IndependentVoting does not discuss the state law requiring a 3/4ths vote for a party to choose to nominate by convention. Thanks to Harry Kresky for copies of IndependentVoting’s legal papers. All of the state legislators mentioned as supporting IndependentVoting’s intervention are Democrats. Here is a Greenville News editorial opposing the lawsuit, although the editorial does not mention IndependentVoting’s request to intervene.

Here is the Republican Party’s complaint, filed last year.

New Egyptian Ballot Access Law Proposed

The Egyptian Committee that has been suggesting new constitutional amendments has proposed changes in ballot access for presidential candidates. The suggestion is that a presidential candidate qualify for ballot access if he or she submits 30,000 signatures, with a certain number obtained from each of 15 provinces. Egypt has 29 provinces. Alternatively, a candidate can qualify if he or she is endorsed by at least 30 members of either house of the national legislature. A third method is that if a party has at least one member of the national parliament, it can place a presidential nominee on the ballot with no petition. See this story.

Egypt has an estimated population of 77,119,000.

Pennsylvania Elections Bureau Finally Releases November 2010 Write-in Vote

On February 25, the Pennsylvania Bureau of Commissions, Elections & Legislation released the write-in results from the November 2, 2010 election. However, the information does not seem to be on the Bureau’s web page yet. It appears that eight counties did not tally any write-ins at all for any office. They are Clarion, Clinton, Jefferson, Lawrence, Mifflin, Montgomery, Perry, and Philadelphia.

Pennsylvania is the only large state that has no procedure for write-in candidates who want their vote tallied to file a declaration of write-in candidacy. All write-in votes are valid votes in Pennsylvania, and the state admits that the law requires that all write-ins be counted. The Pennsylvania Constitution protects write-in votes. In 1905, the Pennsylvania Supreme Court said, “Unless there was such provision to enable the voter not satisfied to vote any ticket on the ballot, or for any names appearing on it, to make up an entire ticket of his own choice, the election as to him would not be equal, for he would not be able to express his own individual will in his own way.” Oughton v Black, 61 A. 346, at page 348.