COFOE Board Will Assist Proposed New Lawsuit Against North Carolina Independent Candidate Law

North Carolina’s law for independent candidates for U.S. House is so difficult, it has never been used, in the entire history of government-printed ballots in that state. On March 29, the COFOE (Coalition for Free & Open Elections) Board voted to assist a proposed lawsuit to overturn the North Carolina independent candidate law, as applied to U.S. House candidates. The law requires a petition signed by 4% of the number of registered voters in the district, plus a large filing fee.

A lawsuit is also currently pending against the North Carolina ballot access laws for new parties. It was filed in 2005 by the Libertarian Party and still doesn’t have a decision.

Mixed Arkansas Ballot Access Bill Pass Legislature

On March 29, the Arkansas Senate passed both ballot access bills that had previously been passed by the House.

HB2367 is wholly beneficial. It establishes statutory procedures for independent presidential candidates. This is the first time that Arkansas has ever had such procedures in its statutes. Back in 1974, the U.S. Supreme Court had said the U.S. Constitution requires states to provide ballot access procedures for independent candidates, as well as for new and minor parties. The Supreme Court said the two approaches to politics are entirely different, and states can’t force independents to create a new party to get on the ballot. Despite this clear decision from 33 years ago, Arkansas did not create such a procedure until this year.

The other ballot access bill, HB2353, lowers the number of signatures for a new party from 3% of the last gubernatorial vote (approximately 24,000 signatures) to a flat 10,000 signatures. But it reduces the number of days to get those signatures from 150 days to 60 days. It is probable that the Green Party will sue to overturn the 60-day limitation.

Unity08 Reveals Tentative Rules for Presidential Nominations

The Unity08 Rules Committee has released a tentative draft of rules on how presidential candidates will be eligible for the Unity08 on-line presidential selection process. The draft will not be final until or unless it is approved by the Delegates.

The proposal requires someone who wants the Unity08 presidential nomination to submit paper petitions signed by 500 registered voters, from each of 5 states. In addition, the candidate must also receive the on-line endorsement of 2,500 registered voters in each of 10 states. This dual requirement translates into a grand total of 2,500 written signatures, plus 25,000 electronic messages of support. See here for details.

Maryland House Committee Passes National Popular Vote Plan Bill

On March 29, the Maryland House Ways and Means Committee passed HB148, the National Popular Vote Plan bill. The Senate had already passed the identical bill (SB 634). The full House will vote on March 30. Since the Governor has already said he will sign the bill, it seems likely that Maryland will be the first state to pass the Plan. The Plan does not go into effect until states containing a majority of the electoral college have approved it.