Louisiana Legislature Passes Bill to Restore Party Nominees for Congress, but Not Most State Office

On December 19, the Louisiana legislature passed HB 17. The final version of the bill contains the Senate amendments.

The bill does not take effect until the 2026 election.  It allows qualified parties to have nominees for Congress and some state offices, but not statewide executive officers nor legislators.

Independent voters may vote in a partisan primary.  Primaries will be in March.

The bill makes ballot access considerably worse for non-presidential independent candidates.  Formerly they could run with just a filing fee.  Now they need a petition of 5,000 signatures for U.S. Senate, and 1,000 for U.S. House, and voters cannot sign if they are registered members of a qualified party.  This provision is likely unconstitutional.  A similar law in Arizona was struck down in 1999 in Campbell v Hull, and there are no precedents upholding such a restriction.  Independent candidates are appealing to the entire electorate, and it makes no sense that some voters can’t sign for an independent, especially if they haven’t voted in a partisan primary.

The filing fee for independent presidential candidates rises from $500 to $1000, but because the bill does not take effect in 2024, that change does not affect the 2024 presidential election.

The bill says only qualifed parties that polled 5% for a statewide office in the last election may have a primary, and is silent about how smaller qualified partie nominate.  Presumably they will nominate by convention.  Here is a summary of the Senate amendments which became part of the bill.

Wyoming Anti-Trump Ballot Access Case Appealed to State Supreme Court

On January 17, a Wyoming voter who had sued in state court to keep former President Donald Trump off the general election ballot filed a notice of appeal with the State Supreme Court.  See this story.

Wyoming doesn’t have presidential primaries.  The lower state court had ruled that the lawsuit is not ripe.  Newcomb v Gray, 2023-cv-36100.

Ohio Legislative Candidate Survives Challenge Related to Law Requiring Disclosure of Previous Names

Ohio election law requires candidates to disclose any previous names they may have used in the past five years, when they file.  On January 18, the Mercer County Board of Elections allowed Arienne Childrey, a candidate for State House, to remain on the Democratic primary ballot, even though she had not disclosed her previous name.  See this story.

She is transexual, but she says she would have disclosed her prior (male) name if she had known about the requirement.  However, the Ohio Secretary of State’s website, which purports to guide candidates, does not disclose the existence of this law.

The challenge was defeated on a technicality.  The challenge was filed by a Republican, but since it relates to a primary, Ohio law requires the challenger to be a member of the appropriate party, and only a Democratic voter had standing to bring a challenge.

Arizona Secretary of State Still Hasn’t Filed Notice of Appeal in No Labels Lawsuit Over Party Freedom of Association

It has been three days since a U.S. District Court in Arizona ruled that No Labels Party can bar candidates from filing for congress and partisan state office in its primary.  Even though the Secretary of State had said he will appeal, he hasn’t yet filed a notice of appeal.  No Labels Party v Fontes, 2:23cv-2172.