Montana Bill Moving Petition Deadline from June to March Passes House Administration Committee

On March 28, the Montana House Administration Committee passed SB 270. The bill is now three-fourths of the way through the legislature. It moves the deadline for non-presidential independent candidates from June to March. Montana had a similar March independent candidate deadline between 1973 and 1990, but it was declared unconstitutional by a lower state court in 1990. The state had then appealed to the State Supreme Court, which voided the lawsuit on the grounds that the plaintiff lacked standing. Nevertheless, the State Supreme Court didn’t uphold the March deadline. There is a high likelihood that if this bill is signed into law, it will be ruled unconstitutional. Montana holds its primary in June.

Helsinki Accords Group Criticizes Pennsylvania Ballot Access Law

In 1975, the United States and many nations in Europe signed the Helsinki Accords, to set minimum standards for human rights in each of the signing nations. In 1990 the treaty was expanded to include political rights, and ODIHR (Office for Democratic Institutions and Human Rights) was established to monitor how each nation is doing.

ODHIR observed the U.S. elections of 2006, and on March 9, 2007, issued a report about U.S. compliance with the Treaty. The report can be seen here. Pages 8 and 9 criticize excessive ballot access petition requirements in certain states. Pennsylvania is singled out as a bad example. Footnote 23 says, “For example, in Pennsylvania for the 7 November election this meant 57,000 signatures.” Actually, the footnote is slightly in error; the actual requirement was 67,070 signatures. Thanks to Michael Richardson for finding the ODIHR Report.

Missouri Legislature Threatening to Move Independent Petition Deadline from July to March

Bills exist in both houses of the Missouri legislature to make the independent candidate procedures more restrictive. Current law requires independent candidates and new parties to file petitions in late July of election years. HCS HB 894 would move the independent candidate petitions from July to March. If passed, the law would surely be held unconstitutional, since in 1976 a U.S. District Court invalidated Missouri’s April petition deadline for independent candidates.

In the Senate, SB409 would require independent candidates to file a declaration of candidacy in March. It passed the Senate Elections Committee on March 5, but has not moved since then. This law is clearly unconstitutional as to independent presidential candidates, and it is uncertain whether it would be unconstitutional as applied to other independents. Thanks to Nancy Ross for this news.