On January 18, this brief was filed in Greene v Bartlett, 10-2068. This is the case that challenges the North Carolina ballot access law for independent candidates. No independent candidate for U.S. House has ever appeared on a government-printed ballot, and North Carolina has had government-printed ballots since 1901.

The state’s brief emphasizes that in 2010, an independent candidate did appear to qualify for U.S. House. He was Wendell Fant, and his petition was financed and supported by the Service Employees International Union. But he did not appear on the ballot because he didn’t accept the nomination. The reply brief points out that the Fant petition drive occurred after all the evidence in this lawsuit had been filed, and says that if the 4th circuit believes that the success of the Fant petition is key to the case, then the 4th circuit ought to remand the case back to U.S. District Court so more evidence about the Fant petition can be put in the record. It is plausible that the Fant petition cost the backers as much as $100,000.

The Pennsylvania Bureau of Commissions, Elections and Legislation is still not finished compiling the tally of write-in votes cast in the November 2010 election for federal and state office, but it says that it will soon finish. All write-ins in Pennsylvania are valid votes, because the state has no law requiring write-in candidates to file a declaration of write-in candidacy. The state generally won’t furnish a write-in tally for write-in candidates, however. It furnished one for Ralph Nader for president in November 1996, and again for Ralph Nader in November 2004. It furnished one for Constitution Party presidential nominee Chuck Baldwin in 2008, but it arbitrarily did not furnish one for Green Party presidential nominee Cynthia McKinney the same year.

All minor party and independent candidates for statewide office who tried to get on the Pennsylvania ballot in 2010 were kept off the ballot by challenges or threats of challenges, so all of them asked that their write-ins be tallied. Pennsylvania was one of only 5 states in 2010 that had statewide elections, but which had only Democrats and Republicans on the statewide ballot. The others were Alabama, New Mexico, Kentucky, and Washington.

Washington State Senator Sharon Nelson (D-West Seattle) has introduced SB 5297. It requires circulators for a ballot measure or a recall to register with the Secretary of State, if they are paid by a “signature gathering business.” Circulators must register within 72 hours after collecting their first signature. They must register separately for each petition that they circulate. They must submit a photo of themselves that shows face, neck and shoulders. They must keep this photo and a copy of their registration papers with them while they are working, and show them to anyone who asks.

Any paid circulator who “knowingly submits one invalid signature” is barred from registering again for five years. Paid circulators who don’t follow the law may be fined up to $500.

The bill only covers paid circulators who work for a “signature gathering business”, but not circulators who work directly for a candidate or a political party. “Signature gathering business” is defined as a business whose primary activity or primary source of revenue is gathering signatures for ballot measures, initiatives, or recall petitions.” Thanks to Ballot Box News for news of this bill.