Five New Hampshire state representatives have introduced HB 153. Existing New Hampshire law defines “political party” to be any group that polled at least 4% for either Governor or U.S. Senator at the last election. The bill expands the defintion, so that it also means a group that has at least 3,000 registered members. In order to make that second method for qualifying a party effective for groups that are not not qualified parties, the bill sets up a procedure by which voters may register as members of unqualified parties.

The New Hampshire voter registration form does not list any parties. When a voter fills out a voter registration form, he or she must write in the name of the desired party.

The bill also lowers the number of signatures needed for candidates to get on the November ballot. Existing law requires 3,000 for statewide office; 1,500 for U.S. House; 750 for State Senate; and 150 for State House. The bill reduces these requirements to two-thirds of the existing requirement. Therefore, a statewide candidate would need 2,000, etc.

Some state house districts in New Hampshire are so low in population that the existing requirement of 150 signatures is more than 5% of the number of registered voters. New Hampshire is the only state in the nation in which independent candidates for the legislature ever need a petition greater than 5% of the number of registered voters.

As to the ability of voters to register into unqualified parties, the 2nd circuit, the 10th circuit, and lower courts in Iowa, New Jersey, and Oklahoma have ruled that the U.S. Constitution requires states that have registration by party to extend this to voters who wish to register into unqualified parties. The issue has never been litigated in New Hampshire, which now is one of the few states in which voters cannot register into an unqualified party and have that registration recorded and recognized as legitimate. Thanks to Howard Wilson for this news. The sponsors of the bill include four Republicans and one Democrat. The four Republicans are Timothy Comerford (Fremont), Dino Scala (Wakefield), Cameron DeJong (Manchester), and Daniel Itse (Fremont). The Democratic co-sponsor is David Pierce (Etna).

Gautam Dutta has this article about flaws in California’s “top-two” election system, in the Huffington Post of January 17. Dutta is the attorney representing candidates and voters in a pending lawsuit in the California State Court of Appeals. The lawsuit challenges the new California law that bars anyone from being listed on any ballot, in an election for state office and for Congress, as an independent candidate. The same law says candidates may list their party on the ballot, but only if they are registered in a qualified party. Also, he is challenging the law that says write-in votes cannot be counted in November in elections for state and congressional office.

On November 2, 2010, Wisconsin Green Party Assembly nominee Ben Manski received 31.11% of the vote, in a race with Democratic, Republican, and Constitution Party nominees as well. Manski placed second, well ahead of the Republican nominee, in the 77th district, centered in Madison.

That was the first time a minor party nominee for Wisconsin legislature had defeated one major party opponent since 1944, and also the first time since 1944 that a minor party legislative nominee in that state had exceeded 30% of the vote. Manski is Executive Director of Liberty Tree. He won the endorsement of the state’s long-serving Democratic Secretary of State, Doug La Follette. He was also endorsed by two Democrats who ran for that seat in the 2010 primary, by several unions, and by many local elected officials. Here is his campaign web page.

In 1944, the Progressive Party (a party that existed only in Wisconsin) had elected six Assembly members and a State Senator. In 1946 the Progressive Party disbanded and its leaders became Republicans.

Wisconsin is another state that uses a straight-ticket device, which always injures minor party candidates, especially when they are running for an office not near the top of the ballot. Manski calculates that he won more popular votes than any other candidate, among voters who did not use the straight-ticket device. There were no other Green Party nominees on the ballot in Wisconsin in 2010.