Oklahoma Ballot Access Bill Introduced

On January 5, Oklahoma State Senator Randy Brogdon introduced SB 28, which lowers the number of signatures for a new party from 5% of the last vote cast, to 5,000 signatures. Between 1924 and 1975, Oklahoma had required 5,000 signatures to recognize a new party, and the state never had more than 4 parties on the ballot (including the Democratic and Republican Parties) in all those years.

SB 28 also lowers the vote test for a party to remain on the ballot from 10% for the top office (president/governor), to 1%. Finally, a group is free to pay $5,000 instead of collecting 5,000 signatures; it chooses whether to pay the money or to collect the signatures.

Internal Prohibition Party Battle Has Court Hearing on January 16

The dispute over which faction of the national Prohibition Party is the “legitimate” faction has a court hearing on January 16 in Media, Pennsylvania, at the Delaware County Courthouse. It starts at 10 a.m. The case is titled Residuary Trust Under Will of George Pennock, no. 114-1937. Normally a court would not be involved in an intra-party dispute, but in this case, a court must be involved, because the national party has been the recipient of an trust payment (set up in 1930), and only a court can tell the bank where send the money.

Florida Legislative Committee Hears Testimony on Moving Primary from March to January

The regular session of the Florida legislature doesn’t start until March 6, 2007. Nevertheless, the House Ethics and Elections Committee held a hearing on January 10 on a proposed bill to move the Florida presidential primary from early March to January 29. The proposal is worded such that Florida’s presidential primary would be one week after New Hampshire’s primary. Currently, New Hampshire’s primary is set for January 22, 2008, although New Hampshire gives its Secretary of State authority to move the presidential primary, so New Hampshire’s date might change.

Illinois Legislator Will Introduce Bill to Ease Indp. Candidate Procedures

Illinois state representative Mike Boland will introduce a bill in February to move independent candidate petition deadlines from December of the year before the election, to June of election years. The bill will also lower the number of signatures for independent legislative candidates to 5% of the last vote cast (current law is 10%). This bill is in response to the 7th circuit’s decision in Lee v Keith. Thanks to Dan Johnson-Weinberger for this news.

Pennsylvania Hearing on Romanelli Lasts 5 Hours

On January 9, a Pennsylvania Commonwealth Court held a trial on whether the Green Party’s candidate for U.S. Senate in 2006 should be required to pay almost $89,668. This amount represents court costs, witness fees, and attorneys’ fees, for the process that removed Romanelli from the November 2006 ballot.

The head of the Pennsylvania Elections Department was on the stand, and admitted that Philadelphia County, among others, failed to record any write-ins for Romanelli or anyone else.

Romanelli’s attorney made arguments that the whole idea that a candidate can be forced to pay, violates the U.S. Supreme Court filing fee precedents, but the judge refused to hear the constitutional arguments. However, if an appeal is necessary, the constitutional arguments can be raised again. It was important that they were introduced at the trial level. One of the weaknesses of Ralph Nader’s parallel case on this same issue (which the U.S. Supreme Court refused to hear on January 8, 2007) was that the constitutional issues hadn’t been raised in the courts below.