Alabama Ballot Access Case Gets Publicity

Posted on by January 12, 2009
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On July 31, 2008, independent congressional candidate Andy Shugart filed a federal lawsuit, challenging the number of signatures needed for U.S. House. He complains that in his district, he needed over 6,100 signatures, yet an independent presidential candidate only needs 5,000 in Alabama. On January 9, several Alabama newspapers publicized the lawsuit, and a 45-second segment about the lawsuit was aired on National Public Radio stations in Alabama. Here is one of the newspaper stories.

The Alabama case is one of 4 lawsuits around the nation, challenging the number of signatures for independent candidates for the U.S. House. The Coalition for Free & Open Elections (COFOE) helped bring each of these four cases into existence. The other cases are in Georgia, North Carolina, and Illinois. Like the Alabama case, the Georgia and North Carolina cases are still in the evidence-gathering state. The Illinois case already lost in the 7th circuit, and COFOE will soon decide whether to pay for appealing that to the U.S. Supreme Court. COFOE appreciates the donations it has received for these cases. Those who donate at least $25 to COFOE get a free subscription to the written Ballot Access News newsletter. COFOE is at PO Box 470296, San Francisco Ca 94147.

Congressional Bill to Give D.C. a Voting Member of US House Re-Introduced in Both Houses

Posted on by January 12, 2009
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On January 6, bills were introduced in both Houses of Congress to give the District of Columbia a voting member of the U.S. House. They are HR 157 in the House, and S160 in the Senate.

The bills would also permanently expand the size of the U.S. House from 435 member to 437 members, effective upon passage. The other new seat would go to Utah, which just barely missed getting another seat in the last reapportionment in 2001.

The sponsors in the U.S. Senate are Orrin Hatch and Joe Lieberman. The sponsor in the House is D.C. Delegate Eleanor Holmes Norton.

New Hampshire Bill to Expand Gubernatorial Term to 4 Years

Posted on by January 11, 2009
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New Hampshire Senator Martha Fuller Clark (D-Portsmouth) says she will introduce a bill to expand the term of the Governor from two years to four years. New Hampshire and Vermont are the only states with two-year gubernatorial terms.

The current New Hampshire definition of “party” is “any political organization which at the preceding state general election received at least 4% of the total number of votes cast for any one of the following: the office of governor or the offices of United States Senators.” If Senator Clark’s bill provides that governors be elected in mid-term years, then this definition will need amending, since if the bill were in effect, there would be some election years in which neither of those offices would be on the ballot, such as 2012.

Texas Bill Would Create Even Earlier Petition Deadlines

Posted on by January 11, 2009
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Texas Representative Robert Alonzo (D-Dallas) has introduced HB 246. It would move primary elections from early March to early February, in all election years. Because the date of the Texas primary is tied to the deadline for petitions for both new political parties and for independent candidates (for office other than president) to submit petitions, those deadlines would become even earlier.

Existing law puts the new party deadline in late May, and the non-presidential independent candidate deadline in early May. If the bill is passed, those deadlines would be in April. That would give Texas the 2nd earliest petition deadline for new parties (except for states in which new parties must nominate by primary) in the nation. Only New Mexico, which has an early April deadline for new parties, would be earlier (again, except for states in which new parties nominate by primary).

The bill would also move the date on which independent candidates (other than president) must file a declaration of candidacy from January of the election year, to December of the year before the election. In some years, depending on the calendar, that deadline would even be in late November.

Oklahoma Ballot Access Bill Introduced

Posted on by January 10, 2009
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Oklahoma State Senator Randy Brogdon has introduced SB 359, to improve ballot access. For independent presidential candidates, who now need a petition signed by 3% of the last presidential vote (the worst in the nation), the bill permits a filing fee option. The fee would be $5,000.

For a new or previously unqualified party, the bill reduces the number of signatures from 5% of the last vote cast to exactly 5,000 signatures. Oklahoma required exactly 5,000 signatures for new parties from 1924 to 1974, and no election ever saw more than two minor parties on the Oklahoma ballot during those years.

Also, the bill lowers the vote test for a party to remain on the ballot from 10% to 1%. The national median vote test for a party to remain on the ballot is 2%.

Oklahoma was the only state in 2008 in which voters could not vote for president unless they voted for the Republican nominee or the Democratic nominee. The same situation was true in 2004 in Oklahoma as well. Thanks to Tom Holmes for this news.