Alabama Ballot Access Bill Dies

Alabama HB 738, which would have lowered the number of signatures for independent candidates (for office other than president) was never brought up on the House floor, and there isn’t enough time left in the session for it to pass. The legislature is about to adjourn for the year.

Minnesota Legislature Expands Bar-Closing Hours for Duration of Republican National Convention

The Minnesota legislature has passed HF 3986 and SF 3642, identical bills that say, “During the 2008 Republican National Convention, holders of an on-sale liquor license may remain open and may serve alcohol until 4 a.m. each day.” The Republican National Convention is in Minneapolis and St. Paul this year. The bill only applies to that part of the state, and is repealed effective September 8. The normal bar-closing hour in Minnesota is 2 a.m.

Pollina Opens Active Campaign for Vermont Governor

Anthony Pollina, state chair of the Vermont Progressive Party, has been running for Governor for some months. But he began the active campaign on May 6, when his radio ads began airing. Also he started a two-week campaign tour around Vermont on May 6.

His chances of winning will be enhanced if the Democrats don’t run anyone for Governor. The Democratic Speaker of the House, Gaye Symington, says she will decide whether to run in the next week. Symington is not as well-known within Vermont as Pollina.

Washington State Candidate Filing Opens May 12

Washington state candidates for all partisan office except president may obtain official forms to run in the August primary, starting on May 12 (Monday). Under “top-two”, no candidate (except presidential candidates) needs any petition. The filing fee is the only ballot access barrier to the August primary. It is important that as many minor party members as possible file for public office this year, especially for Congress. The existence of minor party candidates for Congress will make it possible to gather valuable evidence for any new lawsuit filed against “top-two” (as used in congressional elections), in 2009.

Although the U.S. Supreme Court upheld “top-two” last month, it only upheld it against the claim that “top-two” violates the associational rights of political parties, and even on that point, it only upheld it on its face, not as applied.

No court has yet adjudicated the claim that “top-two” is invalid in congressional elections, on ballot access grounds. Federal law sets congressional elections in November. U.S. Supreme Court jurisprudence has established that ballot access directly to the election itself cannot be denied to candidates who meet the constitutional qualifications to be a member of Congress, and who have a modicum of support, and who are not sabotaging their own party. In 1986 the U.S. Supreme Court said states can use a preliminary screening election to pare down the number of candidates on the November ballot, and that preliminary screening elections are analogous to petitions. But petitions cannot exceed 5% of the electorate.