Fourteen Pennsylvania Legislators Introduce a Bill to Further Restrict Voting Rights

On January 30, fourteen Pennsylvania Representatives introduced HB 48, which says that write-in votes are void if they are cast for a candidate who was removed from the ballot because his or her petition was insufficient. The sponsors include 8 Democrats and 6 Republicans. The Democrats include Babette Josephs, chair of the committee that will hear the bill (the Committee on State Government).

The bill seems to contradict a 1905 decision of the Pennsylvania Supreme Court, Oughton v Black, 61 A 346. On page 348, the Pennsylvania Supreme Court said that the state constitutional provision that elections be “equal” would be violated if voters were not permitted to write-in anyone they please. The Court said, if write-ins were restricted, “the election (as to the voter who cast a write-in vote) would not be equal, for he would not be able to express his own individual will in his own way.”

Texas Bills for an Earlier Primary

Two bills have been introduced in the Texas legislature to move the primary (for all office, not just president) from early March, to early February. They are HB 993 and HB 996. Although all their co-sponsors are Democrats, Republican legislative leaders have said they support the idea behind the bills.

HB 993 was introduced on January 30, and HB 996 was introduced on January 31. Both bills move the petition deadline for new parties from May to April. If the bills pass with this characteristic, there would probably be new legal challenges to this deadline. Deadlines concerning minor party and independent presidential candidates are unconstitutional if they are very early.

California Senate Passes February Presidential Primary Bill

On February 13, the California Senate passed SB 113 by 31-5. This bill moves the California presidential primary to February 5. Existing law has the California presidential primary in June. The bill would leave the primary for office other than president in June.

This bill has moved with amazing speed. It was introduced January 22. Normally bills cannot be heard in committee until they have been introduced 30 days, but the rules were waived for this bill.