Illinois House Passes Bill to Make it More Difficult for a Ballot-Qualified Party to Nominate Candidates

On April 8, the Illinois House passed HB 5263. Currently, Illinois ballot-qualified parties nominate by primary. However, the law generously lets them nominate someone by party meeting after the primary, if no one had run in that party’s primary for that particular office.

The bill would continue to let ballot-qualified parties nominate by party meeting after the primary was over (if no one had won the primary). But it would require such nominees by party meeting to submit a petition signed by 5% of the last vote cast for that office (or 25,000 signatures, whichever is less).

The bill passed the House by 97-13. The “No” votes included 9 Democrats and 4 Republicans. The Democrats are Mike Boland, John Bradley, John Fritchey, Paul Froehlich, Greg Harris, Lou Lang, David Miller, Cynthia Soto, and Wyvetter Younge. The Republicans are Elizabeth Coulson, Shane Cultra, Jim Durkin, and Keith Sommer.

It is possible that the Green Party, which is the only ballot-qualified party besides the Democratic and Republican Parties, could defeat this idea in court, if it is signed into law and if the Green Party chooses to challenge it. This year, the Green Party nominated more candidates by party meeting after the primary, then it did in the primary. Ballot access in the primary is somewhat difficult, requiring petitions of 3,000 signatures for statewide office, and typically 500 for U.S. House.

The U.S. Supreme Court said in New York State Board of Elections v Lopez Torres, issued January 16, 2008, “A political party has a First Amendment right to limit its membership as it wishes, and to choose a candidate-selection process that will in its view produce the nominee who best represents its political platform.” The decision also says that a state “has an interest in assuring the fairness of the party’s nominating process.” It seems unlikely that Illinois could argue that the existing system, which has been in place for decades, is “unfair” to the Green Party’s rank-and-file members. Although Ballot Access News has been critical of the Lopez Torres decision, this may be an instance when the opinion can be used to good advantage.

Final Briefs Will Soon be Filed in Post Office Sidewalks Case

After years of evidence-gathering in the lawsuit against the Post Office regulation against petitioning on interior post office sidewalks, the final briefs are about to be filed. The first round is due April 15, the second round on April 30, and the final round on May 15. The case is called Initiative & Referendum Institute v U.S. Postal Service, and is pending in U.S. District Court in the District of Columbia. The case was filed in 2000.

Alabama Ballot Access Improvement Bill

On March 25, Alabama Representative Cam Ward introduced HB 738. It lowers the non-presidential independent petition from 3% of the last gubernatorial vote, to 1.5% of the last gubernatorial vote cast. The presidential independent petition (a flat 5,000 signatures) would not be affected by the bill. Representative Ward is a Republican representing Bibb and Shelby Counties.

Alabama has the nation’s highest petition requirement for non-presidential statewide independent candidates in the nation. It is the only state above 2% of the last vote cast, for non-presidential statewide independents. Thanks to Mike Rster for this news.

Chuck Baldwin Declares for Constitution Party Presidential Nomination

On April 10, Chuck Baldwin said he will seek the presidential nomination of the Constitution Party. He lives in Florida and was the party’s vice-presidential nominee in 2004. The Constitution Party national convention is April 23-26.

2008 is a historic year for suspenseful national conventions. As of today, no one knows for sure who will be nominated for president by the Democratic Party, the Libertarian Party, the Green Party, and the Constitution Party.