The U.S. Supreme Court will consider whether to hear Washington state’s appeal in the “top-two” case on February 23. The case is Washington State v Republican Party of Washington, 06-730. Both the U.S. District Court and the 9th circuit had ruled that “top-two” violates the associational rights of political parties, and that if Washington state wants to hold a “top-two” primary, it must leave party labels off the ballot.
The U.S. Supreme Court will consider whether to hear Washington state’s appeal in the “top-two” case on February 23. The case is Washington State v Republican Party of Washington, 06-730. Both the U.S. District Court and the 9th circuit had ruled that “top-two” violates the associational rights of political parties, and that if Washington state wants to hold a “top-two” primary, it must leave party labels off the ballot.
Two Tennessee legislators, a Republican and a Democrat, have introduced a bill to set up a qualified minor party category in the Tennessee election law. The bills are SB 288 and HB 626. Tennessee hasn’t had a qualified party (other than the Democratic and Republican Parties) since 1972, but this bill would permit a new party to qualify with 2,500 signatures. It would then nominate its candidates by convention. Existing law requires 45,254 signatures for a new party.
Missouri Senator Gary Nodler (R-Joplin) has introduced SB 409, which would require all independent candidates to file a declaration of candidacy in March of election years. As before, the independent candidate’s petition would continue to be in July. The bill has been referred to the Senate Elections Committee.
The bill is clearly unconstitutional as applied to independent presidential candidates. It is possible that it would be declared unconstitutional as to independent candidates for other office as well. A similar South Carolina law was struck down by the 4th circuit in 1991, but a similar Texas law was upheld by the 5th circuit in 1996. Missouri is in the 8th circuit and there is no controlling precedent. However, in 1976 a 3-judge US District Court invalidated a Missouri law saying independent candidate petitions had to be submitted in April.
The national Green Party has decided to hold its 2007 annual meeting in Reading, Pennsylvania, July 12-15. The choice of Pennsylvania is fraught with symbolism. No state has ever treated the Green Party worse than Pennsylvania has.
First, even though the Green Party polled enough votes in November 2004 to meet Pennsylvania’s definition of “political party”, the state treated it as though it weren’t a qualified party, and required 67,070 signatures for its 2006 statewide nominees.
When the party tried and failed to meet that requirement, its U.S. Senate candidate was told he had to pay $80,408 for the costs of checking his petition. Its gubernatorial candidate was intimidated into withdrawing so that she wouldn’t be equally liable.
On top of that, almost one-third of Pennsylvania’s counties failed to count the party’s write-in votes, even though Pennsylvania election law considered those write-ins valid.
