Two Bills in Texas Would Make Ballot Access More Restrictive

At least two bills have already been introduced in the Texas legislature to make ballot access more restrictive.

HB 418, introduced on December 10 by Representative Leo Berman, would require the nominees of political parties that nominate by convention to pay the same large filing fee to the government, that candidates running in primaries must pay in order to get on the primary ballot.  This bill is aimed squarely at the Libertarian and Green Parties, both of whom are currently entitled to nominate candidates by convention.

Requiring filing fees for candidates nominated in a convention does not make sense.  The purpose of a filing fee in a primary is to keep the primary ballot uncrowded, but there is no equivalent problem that needs solving in the context of a convention.  The Berman bill says that if the nominees of a convention do not pay the filing fee, they must submit the same number of signatures that an independent candidate would need.  That also does not make sense.  Parties have a freedom of association right, not to have their nominees be subject to a veto by non-members of the party.

HB 318, introduced on November 18 by Representative Roberto Alonzo, moves the primary from early March to early February.  That would have the indirect effect of moving the petition deadline for non-presidential independent candidates from May to April.  It would also have the effect of moving the deadline for a new party to tell the state that it intends to submit a petition, from early January of the election year, to December of the year before the election.  And it would move the petition deadline for a new party from late May to late April.

Trial Set for Nebraska Case on Residency Requirement for Circulators, Other Issues

On December 21, a U.S. District Court will hold a trial in Bernbeck v Gale, 4:10-cv-3001.  This is the case that challenges Nebraska’s ban on out-of-state petition circulators, and also challenges the state’s ban on paying circulators on a per-signature basis.  The trial is not expected to last beyond one day.  Most of the facts are not in dispute.  Plaintiffs have already submitted a great deal of evidence showing that these two restrictions substantially increase the cost of getting initiatives on the ballot.  This particular case concerns an initiative in one small city, Stanton.

A somewhat similar case is pending in Nebraska called Citizens in Charge v Gale, but it is not as far along in the process.  That case contains an issue that is not involved in the Bernbeck case.  The Citizens in Charge case challenges the ban on out-of-state circulators, but it also challenges a Nebraska law that sets up a county distribution requirement for statewide non-presidential independent candidates.  The U.S. Supreme Court back in 1969 ruled that statewide petitions cannot have county distribution requirements.  Nebraska already had one such county-distribution requirement declared unconstitutional in 1984.  But the 2007 session of the legislature didn’t seem to remember that, and passed another one.

European Union Considers Providing for the Initiative Process

The European Union is considering a proposal to allow the initiative process.  See here for the proposal.  It would require the signatures of 1,000,000 voters.  The petition requirement also would provide that the initiative petition must have a substantial number of signatures from at least one-third of the nations in the European Union.  These minimum signature requirements from individual countries vary from 72,000 in Germany (the most populous nation in the European Union) to 4,500 signatures from each of the lowest-population nations, which are Cyprus, Estonia, Luxembourg, and Malta.

The proposal suggests that a method be found to let voters sign the petition electronically.  It also suggests a time limit of one year to gather the signatures.  It provides that after 300,000 signatures had been collected and submitted, the European Union would examine the proposal to make sure that its topic is germane to the treaty that establishes the European Union.  Thanks to Election Updates for the link.