Oklahoma State Representative Ryan Kiesel (D-Seminole) has introduced HB 2206, to provide that the voters decide in November 2010 whether they want to make these changes to the election code: (1) lower the number of signatures for a new party from 5% of the last vote cast to exactly 5,000 signatures: (2) lower the vote test for a party to remain on the ballot from 10% to 1%; (3) let 17-year olds vote in a primary if they will be age 18 by the general election; (4) establish election day voter registration; (5) abolish the Straight-Ticket device; (6) lower the number of signatures for an independent presidential candidate from 3% of the last presidential vote to exactly 5,000, or let an independent presidential candidate on the ballot with no petition by paying a fee of $5,000; (7) establish early voting.

Three bills are pending in the Maryland legislature to provide for a special election when a U.S. Senate seat becomes vacant. They are HB 278, SB 325, and SB 326.

On February 13, the South Dakota House State Affairs Committee voted 7-5 to pass HB 1234. It moves the independent candidate petition deadline (for office other than president) from June to April.

South Dakota already was one of only six states in 2008 that had no independent or minor party candidates for either house of Congress.

The bill is sponsored by Rep. Mark Kirkeby (R-Rapid City) and co-sponsored by 12 Republicans in the House, 4 Democrats in the House, 5 Republican Senators, 2 Democratic Senators, and the only Independent Senator, Tom Dempster (he is a registered Republican, but ran in 2008 as an independent because his paperwork to run in the Republican primary had been defective and he was kept off the primary ballot).

The bill would probably be held unconstitutional, since it sets a deadline substantially earlier than the June primary. The First, Third, Fourth, Seventh, Ninth, and Eleventh Circuits have all struck down non-presidential independent deadlines that were earlier than primary day or the day before primary day. Also US District Courts have struck down such deadlines in certain states not in the above-named circuits, such as Ohio and Kentucky in the Sixth, and Arkansas in the Eighth. The Arkansas decision, in 1976, by a 3-judge U.S. District Court, was summarily affirmed by the U.S. Supreme Court.

In the House Committee, the 5 “No” votes were cast by 3 Republicans (Timothy Rave, Kristi Noem, and Manny Steele), and 2 Democrats (Marc Feinstein and Larry Lucas). The Secretary of State, Chris Nelson, is opposed to the bill and predicts that if passed, it will be held unconstitutional.