Ballot Access News

Today, the Montana Supreme Court finally issued its explanation of why Rick Jore, Constitution Party nominee for the Montana legislature, was not actually elected last November. Back in December, that Court had unseated Jore, but had not explained why. The March 21 decision is 31 pages long, and says that when a voter fills in a bubble next to one candidate’s name, and then makes an “X” through that filled-in bubble and then fills in another bubble next to a rival candidate’s name, it is impossible to understand that voter’s intent. The vote was 6-1. The dissenting justice stressed that the local elections officials had unanimously agreed that they could understand voter intent in such a situation.

On March 18, the North Dakota Senate Government & Veterans Affairs Committee amended HB 1433, to provide for a way for a party to remain on the ballot in a mid-term year. The bill, as amended, lets a party remain on the ballot if it polls 5% for Secretary of State or Attorney General. Under current law, it doesn’t matter how many votes a party gets in a mid-term year; if it’s a new party, it gets removed from the ballot no matter how well it does. That’s because under the old law, a party must poll 5% for Governor or President to remain on the ballot, and those offices aren’t up in mid-term years.

In the past, North Dakota elected all its statewide state offices in presidential years, but starting in 2006, it elects half of them in midterm years, including Secretary of State and Attorney General.

On March 16, the Governor of Kentucky signed HB 141 into law. It lets minor party and independent presidential candidates start circulating a petition as early as they wish. Also it removes the requirement that minor party and independent presidential and congressional candidates file a declaration of candidacy in April of an election year. Instead they can enter the race as late as August of an election year, when their petitions are due.