According to an employee of the Illinois legislature, the two interesting election law bills that were supposed to have been passed by July 31, will each get an extension into August. The bills are HB 1685 (the National Popular Vote Plan for presidential elections) and HB 1752 (timid ballot access reform).

Since the Illinois legislature is operating in special session, deadlines for enacting bills are in force. Both bills have passed both houses of the Illinois legislature, but both are in slightly different versions, so concurrence is needed.

On July 30, the Reform Institute issued a press release, calling attention to its excellent amicus curiae brief in the U.S. Supreme Court in N.Y. State Bd. of Elections v Lopez Torres. Both the amicus, and the press release, discuss the dismal state of New York state ballot access. See the press release here.

The Reform Institute is headquartered in Alexandria, Virginia, and is associated with U.S. Senator John McCain. It is almost ten years old and has sometimes been a friend of minor parties and independent candidates, and sometimes a foe. It has supported federal campaign finance laws that make it very difficult for new parties to attract large contributions, and it has sometimes supported “top-two” election systems that keep minor party members off the general election ballot. On the other hand, it has consistently condemed severe ballot access petition requirements.

In early August, the Tennessee Libertarian, Green and Constitution Parties will file a lawsuit, challenging the constitutionality of Tennessee’s ballot access laws for new or previously unqualified parties. Tennessee requires a petition signed by 2.5% of the last gubernatorial vote. The petition must say that the signers are members. The petition is due 4 months before the primary.

No group has complied with this requirement since 1968. Tennessee and New Jersey are the only two states in which only the Democratic and Republican Parties have been qualified parties, during the last 25 years.

Tennessee is in the 6th circuit. Last year the 6th circuit ruled that Ohio’s new party petition requirement, which hadn’t been used successfully since 2000, is too difficult. That Ohio precedent will control this case.