Mississippi Hearing Date Set

The Mississippi Circuit Court of Calhoun County will hold oral arguments on Friday, April 27, in Dale v Mississippi Democratic Party. This is the interesting case over whether a party has the right to exclude a candidate from its primary, because he or she endorsed another party’s candidate in a previous election. George Dale, Mississippi’s Insurance Commissioner since 1975, and a Democrat, was not allowed to file in this year’s Democratic primary because he endorsed George W. Bush for president in 2004. No state law gives a Mississippi party any authority to exclude candidates based on their endorsements, but the state party has a Bylaw that authorizes such exclusions. Thanks to Steve Rankin for this news.

Texas House Passes February Primary Bill

On April 13, the Texas House passed HB 2017. It moves the primary from March to February. It does not make the independent presidential candidate petition deadline any earlier. However, it moves the deadline for new party petitions, and non-presidential independents, from May to April.

The bill also moves the deadline for an unqualified party to notify the Secretary of State that it intends to try to qualify, from January 2 of the election year, to October 31 of the year before the election. New parties nominate by convention, not by primary.

No other state has ever had a law that forces an unqualified party to give notice that it intends to qualify, months before it is allowed to start petitioning (Texas won’t let new party or independent candidate petitions start to circulate, until the day after the primary). If HB 2017 is enacted as written, it will make the United States a laughing-stock in the world, if the existence of the law becomes generally known.

Montana Anti-Initiative Bill Stalls

Montana SB 96 would make it illegal to pay circulators of an initiative on a per-signatures basis, and would also make it illegal for out-of-state residents to circulate an initiative petition. It has been passed by both houses. However, on April 13, the Senate refused to concur in House amendments, so a conference committee has been appointed. The disagreements between the houses involve another part of the bill, over whether the Attorney General or the Legislative Reference Services should prepare summaries of initiatives.

Missouri Deadline Bill Has Senate Hearing

The Missouri Senate Finance, Governmental Organization & Elections Committee will hear HB894 on Monday, April 16, at noon, in the Senate lounge. This is the bill whose sponsor believes it requires independent candidates and the candidates of new parties to submit a declaration of candidacy in March, even if they are running for president. When one reads the bill, it is very unclear.