Massachusetts election law has two methods for a group to become a qualified party. The older method is for the group to run a candidate for statewide office. If that candidate polls 3% of the vote, then the ballot label for that candidate becomes a qualified party. This is how the Libertarian Party won this status in 2008; its U.S. Senate candidate polled over 3% of the vote.

The other method has existed only since 1990. A group can register its name, and then elections officials keep track of how many voters register as members of that group, on voter registration forms. If it gets registration of 1% of the state total, then it becomes qualified as well. No group has ever used this method.

Recently, the Independent Party filed paperwork to become eligible to have a voter registration tally. See this story. Massachusetts has never before had a ballot-qualified party named “Independent Party”, although there was an “Independent Voters Party” recognized after the 1990 election. It went off the ballot after the 1992 election because it didn’t poll as much as 3% for any statewide office in 1992 and also because it never attained registration of 1%.

On February 25, the 5th circuit construed Section 241 of the Mississippi Constitution. That section is written with confusing sentence construction. Plaintiffs had argued that it seems to say that felons can vote in presidential elections, but the Court read it another way. Here is the decision, Young v Hosemann, 08-60941.

Section 241 says, “Qualification for Electors. Every inhabitant of this state, except idiots and insane persons, who is a citizen of the United States of America, 18 years old and upward, who has been a resident of this state for one year, and for one year in the county in which he offers to vote, and for 6 months in the election precinct or in the incorporated city or town in which he offers to vote, and who is duly registered as provided in this article, and who has never been convicted of murder, rape, bribery, theft, arson, obtaining money or goods under false pretense, perjury, forgery, embezzlement or bigamy, is declared to be a qualified elector, except that he shall be qualified to vote for President and Vice President of the United States if he meets the requirements established by Congress therefor and is otherwise a qualified elector.”

On February 15, the Washington State Senate passed Substitute SB 6449, which makes it illegal for convicted sex offenders to circulate initiative or referendum petitions. The bill adds other restrictions to the petition process as well. The vote was 29-19.