Oklahoma Bills to Make Initiative Qualification Easier Advance

Two Oklahoma bills to make it easier to qualify initiatives for the ballot passed the Senate Rules Committee on February 17. Both are sponsored by Senator Randy Brogdon (R-Owasso), the same Senator who sponsored the bill to ease ballot access for minor parties. SJR13, a proposed amendment to the Oklahoma Constitution, would lower the number of signatures for a statutory initiative from 8% of the last vote cast, to 5% of the last gubernatorial vote. If the legislature passes this, the voters must vote on it in 2010.

SB 852 removes some impediments to the qualification of initiative petitions. It allows the initiative to be printed on 8.5 inch by 11 inch paper (current law requires that sheets be 14 inches long, which makes it more difficult to distribute blank petition forms on many home printers). It deletes the requirement that only Oklahoma residents may circulate an initiative. It expands the petitioning period from 90 days to one year. It requires legal challenges to the initiative to be filed early in the process, instead of after all the signatures have been collected. And it makes it illegal to harass initiative petition circulators while they are working.

Oklahoma Bill, to Move Primary, Advances; Has Consequences for Ballot Access

On February 17, the Senate Rules Committee passed SB 872, which moves the Oklahoma primary (for office other than president) from July to the 2nd Tuesday in June. The bill is sponsored by Senator Glenn Coffee, leader of the Republicans in that chamber, and observers expect it to pass.

The bill also moves the deadline for candidates to file for a place on the primary ballot from June to the last Thursday in March. However, the bill fails to change the petition deadline for a new party to qualify itself, which is currently May 1. Thus, if SB 872 passes in its current form, people intending to run in the primary of a new party would need to file before that new party had qualified itself.

The Oklahoma Constitution requires all qualified parties to nominate by primary, so the legislature can’t solve the problem by letting new parties nominate by convention. And if the legislature amends the bill to make the deadline for a new party substantially earlier, then the entire procedure for a new party would probably be held unconstitutional.

Michigan Legislator Introduces Bill that is Clearly Unconstitutional on Speech on Election Day

Michigan Representative Richard Hammel (D-Mt. Morris Township) has introduced HB 4027, which expands the “no campaigning” zone around polling places from 100 feet from the entrance to the polling place, to 500 feet. In 2004, the 6th circuit struck down Kentucky’s law setting that zone at 500 feet. That case was Anderson v Spear, 356 F 3d 651. Michigan is in the 6th Circuit. The U.S. Supreme Court has upheld “no campaigning” zones around polling places of 100 feet. The U.S. Supreme Court refused to hear Kentucky’s appeal in Anderson v Spear over the 500 foot limit.

Michigan Relief for Candidates Given Misinformation About Number of Signatures

On February 18, the Michigan Senate Judiciary Committee passed four bills that say that when a government elections office misinforms a candidate about how many signatures are needed, the candidate can get extra time to get more signatures. However, the bills only relate to candidates for judicial offices. They are SB 21 (for candidates for Judge of the Circuit Court), SB 22 (Judge of the District Court), SB 23 (Judge of Probate Court) and SB 24 (Judge of Municipal Court). Thanks to Bill Hall for this news.