New Mexico Governor Signs Bill that Injures Minor Party Ballot Access

Posted on by March 30, 2023
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On March 30, New Mexico Governor Grisham signed SB 180, which doubles the number of signatures needed by the nominees of ballot-qualified parties that nominate by convention. The new requirement is 2% of the last gubernatorial vote; the old one had been 1%. If a ballot-qualified convention party wished to run a full slate of nominees in 2022, its various nominees would have needed a combined total of 181,116 valid signatures.

The idea that ballot-qualified parties need general election petitions is absurd. The party has already shown that it has a modicum of support, because it had already submitted a petition for recognition, or else it had met the vote test at the last election.

New Mexico is the only state with petitions for the nominees of ballot-qualified parties. The requirement does not apply to presidential candidates. It has no effect on the Libertarian Party, because the Libertarian Party is entitled to nominate by primary. The most active party that the new law injures is the Green Party.

Arizona Democratic Party Files Lawsuit to Remove No Labels Party from the Ballot

Posted on by April 5, 2023
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On March 30, the Arizona Democratic Party sued the Secretary of State to force him to remove No Labels Party from the ballot. The lawsuit is filed in state court. Arizona Democratic Party v No Labels and Secretary of State Adrian Fontes, Superior Court, Maricopa County, cv2023-004832.

The Arizona law says when a party petitions for a place on the ballot, it must submit the affidavits of ten Arizona voters who represent the party. The purpose of this law is so that if the party qualifies, the Secretary of State knows who the party officers are. The Democratic Party says that No Labels submitted its ten affidavits too early in the process. It says the ten are not suppose to file until after the petition is complete. Here is the Complaint.

The press stories about this lawsuit are not accurate. They say the case involves whether No Labels must file certain federal campaign finance documents. Although the Complaint discusses No Labels relative to federal campaign finance laws, it does not actually allege that the party should be removed from the Arizona ballot because of anything relating to federal campaign finance laws.

Grant Tudor and Beau Tremitiere Publish Study on How U.S. Could Switch to Proportional Representation

Posted on by March 29, 2023
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Grant Tudor and Beau Tremitiere have published a 72-page study of how the U.S. could switch to proportional representation. No change in the U.S. Constitution would be required for make the U.S. House a somewhat proportional body. Instead, congress merely need pass a law, eliminating the requirement for single-member districts and implementing a plan somewhat like HR 3863 from the last session of congress. Thanks to Fairvote for the link.

Tenth Circuit Has Been Pondering Wyoming’s 300-Foot Limit on First Amendment Activity at Polls for Over Ten Months

Posted on by March 29, 2023
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On May 17, 2022, the Tenth Circuit heard arguments in Frank v Lee, 21-8060. This is the case over Wyoming’s law that does not permit First Amendment activity within 300 feet of the entrance to the polls, on election day. The U.S. District Court had struck it down. The U.S. Supreme Court, in a Tennessee case, had previously upheld 100-foot zones, and Wyoming appears to be the only state with a zone that is bigger than that.

It seems odd that there is still no decision in the Wyoming case, given that the oral argument was over ten months ago.