Important Pennsylvania Ballot Access Bill

Representative Kerry Benninghoff (R-Bellefonte) is circulating his ballot access bill among all members of the State House, asking for co-sponsors. It would abolish mandatory petitions for all candidates, and provide a choice of paying a filing fee. No fee would be higher than $2,000. The bill applies equally to candidates seeking a place on a primary ballot, and candidates seeking a place on the general election ballot. UPDATE: thanks to Ken Krawchuk for pointing out that I mis-read the bill. The bill provides higher filing fees for independent and minor party candidates than for Democrats and Republicans. That provision of the bill would be unconstitutional, under the recent U.S. Supreme Court decision Davis v FEC. The Court said that states cannot have different contribution limits for different candidates for the same office. It follows logically that states can’t have different filing fee amounts for different candidates for the same office either.

The bill already has several co-sponsors. After that process of seeking co-sponsors is complete, probably by July 18, the bill will receive a bill number.

California Legislature Again Passes National Popular Vote Bill

On June 30, the California Assembly passed SB 37, the National Popular Vote Plan bill. It has passed the State Senate in 2007. The vote in the Assembly was 45-30.

The California legislature had also passed the idea in 2006, but Governor Arnold Schwarzenegger had vetoed it. Later this summer, the bill will return to the Senate for another vote, because a miniscule change was made in the wording while the bill was in the Assembly. This was so the sponsor of the bill, Senator Carole Migden, can completely control the timing of when the bill gets to the Governor. Since the bill doesn’t have enough support to survive a gubernatorial veto, there will be a serious attempt to persuade the Governor to sign it this year. One argument to persuade him is that if the National Popular Vote Plan really makes headway, it will be easier to amend the U.S. Constitution along the lines of U.S. Senator Bill Nelson’s SJR 39. And if the move to amend the Constitution gathers steam, it should be possible to put into the same Amendment a repeal of the provision that makes Schwarzenegger ineligible to be president. The Electoral College, and the requirement that the president be natural-born, are both in Article II, sec. 1.

Two U.S. Senators Introduce New Bill on Paper Trail for Vote-Counting Machines

On July 1, U.S. Senators Dianne Feinstein (D-California) and Robert Bennett (R-Utah) introduced S. 3212, to mandate an audit trail for vote-counting machines in federal elections. See this press release. Thanks to Rick Hasen.

Senator Feinstein already had a bill pending on this subject, S. 1487. But it didn’t have a Republican co-sponsor, and had not made any headway. The new bill is expected to have a hearing in August.

Indiana Republican Legislator Turns in Signatures to be Taxpayer Party Candidate for Governor

On June 30, Indiana Republican State Senator John Waterman turned in signatures to be the Taxpayer Party candidate for Governor. The party has no other nominees (except for Lieutenant Governor). No one knows how many signatures he turned in, since separate turn-ins were made to various counties. The signatures must be checked by July 15. The requirement is 32,742 signatures. If Waterman qualifies, this will be the first statewide minor party or independent petition to succeed in Indiana since 2000, when Pat Buchanan qualified as the Reform Party presidential nominee. The Libertarian Party has been on the ballot automatically in Indiana since 1994, but the Green and Constitution Parties have never been on for statewide office.