Arkansas Bill for a Top-Two System

Arkansas State Senator Everett Clarke Tucker (D-Little Rock) has introduced SJR 4. It would provide for a top-two system for all elective office in the state. For nonpartisan elections, it would have the effect of putting party labels on the ballot next to the names of candidates for non-partisan office.

The proposal would amend the Constitution, so if the legislature were to pass it, the voters would then vote on it.

Unlike the top-two systems in California and Washington, it does not require party labels that indicate a candidate’s “party preference.” It simply says the partisan label would match the candidate’s affiliation. This would put the measure in some legal jeopardy if it were to become law. Here is the text.

Colorado Bill to Make Ballot Access Much Worse for Qualified Minor Parties is Placed Back on Committee Calendar

The Colorado bill that would greatly injure ballot access for qualified minor parties will be heard in the Senate State, Veterans and Military Affairs Committee on Thursday, February 16, at 1:30 p.m. It had originally been set for that date, but then taken off the calendar by the sponsors. But now it is back on the schedule.

Before 1998, Colorado had a very difficult definition of qualified party, a group that had polled 10% for Governor. This made it virtually impossible for a minor party to be ballot-qualified. But the harm was not so great back then because the petitions for the nominees of unqualified parties were so easy. The statewide offices needed 300 signatures and were not due until September, although that was raised in 1973.

But having to submit separate petitions for each nominee was nevertheless somewhat burdensome, so in 1998 Colorado’s minor parties persuaded the legislature to create two tiers of qualified party. Large parties continued to nominate by primary; small ones could nominate by convention. The new definition of a qualified minor party was easy: a group with 1,000 registered members, or which had polled 1% of the vote for any statewide race at either of the last two elections. The Libertarian, Green, and Constitution Parties became ballot-qualified when the new law went into effect. This model election law is now threatened; the new bill would eliminate the ability of qualified minor parties to nominate by convention, and would force their members to submit difficult petitions to qualify for a primary. If SB 23-101 passes, the number of minor party candidates on the Colorado ballot will plunge sharply.

Nevada Bill to Move Deadline for Declarations of Candidacy from March to February

The Nevada Secretary of State has proposed SB 53, which moves the deadline for candidates to file a declaration of candidacy from March to February. The bill even applies to qualified parties that nominate by convention, and to independent candidates. Such deadlines are especially inappropriate for independent candidates, because one of the reasons all states provide for independent candidate ballot access is to give voters another alternative if they are dissatisfied with the choices offered by political parties.

Similar deadlines for early declarations of candidacy has been struck down in Kentucky, West Virginia, and South Carolina.

Hawaii Bill, Changing Order of Candidates Names on Ballot from Alphabetical to Random, Advances

On February 9, the Hawaii Senate Judiciary Committee passed SB 47. It changes the order of candidates’ names on ballots. Current law provides for alphabetical order of candidate surnames. The bill changes it to random order, with rotation from precinct to precinct, so that all candidates have a chance to appear at the top of the list in some precincts.

The vote was 4-1. The bill is sponsored by Senator Karl Rhoads (D-Honolulu), who is Chair of the Judiciary Committee.

Montana Bill to Let Candidates in Non-Partisan Races List a Party on the Ballot

Montana State Senator Greg Hertz (R-Polson) has introduced SB 200. It lets candidates for non-partisan office, such as judicial and school board races, list a party affiliation of up to three words, which would appear on the ballot next to their name. Montana does not have registration by party. If this bill passed as written, apparently any partisan label that is no longer than three words would be allowed. The bill does not specify the party name must be the name of a ballot-qualified party.

The bill had a hearing in the Senate State Administration Committee on February 8. The Committee hasn’t acted on the bill yet.