IRV Gain in South Carolina

On March 24, South Carolina House Bill 3720 was signed into law. It provides for Instant-Runoff Voting in primaries, for overseas absentee voters. Louisiana and Arkansas already have similar laws. Run-off primaries (which exist only in the south) are a problem for overseas absentee voters, since mail service to many overseas locations doesn’t permit ballots for the run-off primary to reach them in time. So, these 3 states have chosen to use Instant-Runoff Voting, so that overseas absentee voters only need to vote once, combining the first primary with the run-off simultaneously.

Illinois Legislator Says he will Form New Party

Illinois State Senator James Meeks said over the weekend that he will attempt to create a new party, and be its gubernatorial candidate, this year. He is not only a State Senator, but pastor of Chicago’s Salem Baptist Church, which has 26,000 members. When he was elected to the State Senate in 2002, he won as the nominee of the Honesty and Integrity Party, so presumably that would be the name of his party. However, he is also running for re-election to the State Senate as a Democrat. If he goes ahead with his gubernatorial run, he would need to withdraw from his re-election race. Petitioning for third party petitions starts on March 28. Other petitions that will be circulating starting that day are the Green and Constitution Party statewide petitions.

State Party Conventions of March 26

At least two state parties held nominating conventions on March 26. The Nevada Green Party nominated Craig Bergland for Governor.

The Florida Libertarian Party decided not to nominate any candidates for statewide office, and none for U.S. House, but it nominated for two state legislative districts.

Some Florida Libertarians wanted to nominate the ticket of John Wayne Smith for Governor, and James Kearney for Lieutenant Governor, but a majority of delegates preferred to have no candidates for these offices. However, there is another qualified party in Florida called the American Libertarian Party, and it is likely that the American Libertarian Party will nominate these candidates. If so, Smith will be the first minor party nominee for Governor to be on the Florida ballot since 1920. Florida had an independent candidate for Governor in 2002, but has not had a third party nominee on the ballot in 85 years. The Socialist Party nominee for Governor appeared on the ballot in 1920.

Constitution Party Qualifies in Two More States

The Constitution Party is now ballot-qualified in Montana, as a result of obtaining 5,000 valid signatures on its party petition. This time, the party is running a candidate for a statewide office (Clerk of the Supreme Court), so it is highly likely to poll enough votes to remain on the ballot for 2008.

In Nebraska, the Constitution Party’s affiliate, the Nebraska Party, has also re-qualified, by submitting 4,735 valid signatures. The party is now the only party on the Nebraska ballot, except for the Democrats and Republicans. The party is extremely likely to poll enough votes to remain on the ballot for 2008 as well, since it has candidates for several statewide offices, and there is no Democrat in those races, making it virtually certain that it will poll 5%.

California Legislator Sues to Keep his Rival off Primary Ballot

Assemblyman Tom Umberg of California sued the California Secretary of State on March 20. Umberg charges that the Secretary of State should not have placed J. Luis Correa on the Democratic primary ballot, as an opponent to Umberg (both are running for State Senate). Umberg says Correa turned in too many signatures. The law says a candidate seeking a place on a primary ballot (for district office) needs 40 signatures, and that no one may turn in more than 60 signatures. Correa turned in 101 signatures. The case is Umberg v McPherson,06-406, Superior Court, Sacramento, and will be heard March 28.

This case will test whether the recent California Supreme Court opinion Costa v Superior Court applies to candidate petitions as well as initiative petitions. The Costa case set forth a “substantial compliance” rule for initiative petitions (see the March 1, 2006 Ballot Access News for more about the Costa opinion).