On February 8, the US Court of Appeals, DC circuit, held a hearing in Initiative & Referendum Institute v US Postal Service. The issue is whether the First Amendment protects petitioning on post office sidewalks. All 3 judges were very interested in the case, and the argument was unusually spirited. A decision is likely in a few months. A more detailed account will be in the March 1 B.A.N.
On February 7, the Maine House Committee that hears election law bills heard testimony on LD254 and LD329. Both bills got a good reception, with no opposition speakers. On February 9 the same committee will meet again to decide whether to pass the bills. They both make it easier for a party to remain on the ballot. One lowers the vote test from 5% to 1%, and the other bill provides that a party stays on the ballot (regardless of its vote) if its registration membership is at least 5,000 members.
Late today, a Superior Court Judge in California ruled that Donna Frye was not elected Mayor of San Diego, even though she received more votes than any of her opponents. An appeal is being pursued.
The Secretary of State of Arkansas has ruled that a group may circulate a petition to qualify a new party, at any time. However, the petition must be completed within 150 days, or approximately 5 months.
Formerly, the petition to create a new party could only be circulated in an odd year, between January and May.
It is an advantage that a group can circulate the petition to qualify as a party during an odd year, because paid petitioners charge much less money during odd years, because there isn’t as much work for them to do.
No group has ever qualified as a party by petition in Arkansas, except the Reform Party in 1996. Before 1971 Arkansas didn’t require a petition; a group merely applied, and gained status as a party by that simple request.
There is still as dispute as to how many signatures are needed to qualify a new party in Arkansas. In 1996 a federal court ruled that the number needed for a new party cannot exceed 10,000 (which is the number needed for a non-presidential statewide independent). Even though the state didn’t appeal this decision, the state claims that it need not obey the court ruling.
The Arizona Judiciary Committee approved SB 1218, even after hearing testimony from the public against it. The bill says that if someone tries and fails to get on the ballot as an independent candidate, he or she cannot then file as a declared write-in candidate. Paul Dunakin from the Nader testified against it, but no Senator made any comment in response to his testimony, and none of the Senators voted against it.
