Last month, this site appealed for donations to COFOE (Coalition for Free & Open Elections) to help pay for a proposed new ballot access lawsuit. North Carolina ballot access restrictions for independent candidates for U.S. House are so restrictive, no independent candidate for that office has ever appeared on a government-printed ballot in that state. The proposed lawsuit will challenge the petition requirement, which is 4% of the number of registered voters in the district, or approximately 13,000 to 14,000 signatures. The law also requires a large filing fee.

Some of you responded to that appeal, and enough money has now been raised for the proposed North Carolina lawsuit. COFOE received one donation for $250, the largest single donation ever made to COFOE. Thank you!

Cases now pending that have received some financial help for COFOE are: (1) Schaefer v Lamone, now pending in the 4th circuit, which challenges Maryland’s law on the order of candidates on the ballot; (2) Wasson v Bradbury, which challenge’s Oregon’s law making it illegal for a primary voter to sign an independent candidate petition; (3) State of Washington v Washington Republican, Democratic, Libertarian Parties, over the “top-two” primary.

Additional contributions to COFOE will be put to good use. There is a need for additional resources for the Pennsylvania ballot access case. If you are willing to help, please send a check to COFOE and mail it to PO Box 470296, San Francisco Ca 94147.

The Illinois legislature has already passed the National Popular Vote Plan, but each house passed a slightly different version. The bill, HB 1685, has been given until June 15 to make its final passage. It is likely that it will pass and be signed into law.

On June 1, the Illinois Senate amended HB 1752 (which was originally a bill concerning wages for precinct elections officials) to add minimal ballot access improvements for independent candidates. The Senate then passed the bill. The added provisions are similar to the contents of HB 632. They reduce the number of signatures for independent candidates for the legislature from 10% of the last vote cast, to 5%. They also move the independent candidate petition deadline from the year before the election, to June of the election year. Thanks to Chris Bennett for this news. The House will probably re-pass HB 1752 in the next two weeks.

The only reason any improvement is being made is because the independent candidate petition requirements for legislative candidates were held unconstitutional last year. It is disappointing that no further improvements are being made. A legal challenge is likely in the future. Existing Illinois law says independent candidates for US House, and the US House nominees of unqualified parties, need exactly 5,000 signatures in years after redistricting (such as 2002, 2012, etc.). But in all other election years, they need approximately 14,000 signatures. Any US House candidate who submits at least 5,000 valid signatures will have a strong claim that there is no state interest in requiring any more, since the 5,000 requirement works OK in years after redistricting. If the Illinois legislature had any foresight, it would amend the existing law to set a 5,000 cap for candidates for US House.