The US Supreme Court will probably provide a clue on March 21, as to whether it is interested in Nader’s Texas appeal. Chances are the Court will either reject Nader’s appeal that day, or will ask Texas to submit a brief. One issue is whether a state can force an independent presidential candidate to collect substantially more signatures than are needed for either an entire new party, or an independent candidate for other statewide office. The other issue is whether a state can force an independent presidential candidate to submit a petition two weeks before a new party petition is due. This is a very strong case.

Arizona State Senator Karen Johnson won informal consent from the State Senate on February 24 to add a amendment to SB1205. Current law requires a new party to submit a petition signed by 1.33% of the last vote cast. Her amendment would change the base of the percentage, to the last vote cast in a gubernatorial election. Arizona elects Governors in mid-term years, and the turnout in mid-term years is always far lower than in presidential years. If passed, the Amendment will reduce the 2006 new party petition from 26,835 signatures, to 16,348 signatures. However, the amendment would have no effect on new party petitioning in presidential years, such as 2008. It would only make petitioning easier in mid-term years.

On February 24, the plaintiffs in the San Diego write-in lawsuit filed a notice of appeal to the California State Court of Appeals. Lawrence v Murphy. The issue is whether all of write-in votes cast for Donna Frye should be counted. The lower court had said write-ins could not be counted if the voter didn’t fill in the oval on the write-in line.

The U.S. Supreme Court announced today that on February 17, they asked the Oregon Secretary of State to file a brief, explaining why the Court shouldn’t accept Ralph Nader’s ballot access appeal. This is a good sign that the Court is interested in the case. Oregon had already told the Court last month that it didn’t wish to file a response. But now the Court has said, notwithstanding Oregon’s disinterest in responding, that Oregon ought to respond. The case is Kucera v Bradley, 04-872.

Yesterday, Kentucky HB141 passed the House unanimously and went to the Senate. It makes two minor improvements in the ballot access laws. It deletes the requirement that minor party and independent presidential candidates must file a declaration of candidacy on April 1 of an election year.

Also, it lets minor party and independent presidential candidate petitions circulate as early as the candidate or group wishes. Since Kentucky permits stand-ins on presidential petitions, this change lets minor parties circulate their presidential petitions in the year before a presidential election, if they wish to. Under the existing law, they may not begin until November of the year before the election.

Yesterday, the Louisiana Libertarian Party became a qualified party in that state. Under a law passed in 2004, any unqualified party that has at least 1,000 registered members, and which pays a one-time fee of $1,000, becomes a qualified party.

The Reform Party also has over 1,000 registered members in Louisiana, but it hasn’t paid its $1,000 fee yet. The Green Party is working to get its registration up to 1,000, and has about 900 now.

Being a qualified political party in Louisiana means that when members of the party run for public office, their party name is printed on the ballot next to their name. Louisiana prints party labels for all candidates for president. But for all other office, no party label is printed next to a candidate’s name, unless he or she is a member of a qualified party.

Today, Tennessee Representative Donna Rowland introduced HB1776. It is identical to SB1327 in the Tennessee State Senate, which was introduced two weeks ago. It permits candidates who use the independent candidate procedure to choose a partisan label (other than just “independent”) to be printed on the November ballot next to the candidate’s name.

Yesterday, the Montana House Administration Committee defeated HB 490, which would have converted Montana from an open primary state to a closed primary state.

Today, State Senator Randy Brogdon (R-Tulsa) signed on as a co-sponsor of HB 1429, the ballot access reform bill. This helps its chances, and a hearing is likely in the House Rules Committee next week.

• In Alabama, Rep. John W. Rogers (D-Birmingham) has introduced a package of bills to improve ballot access for minor party and independent candidates. H214 lowers the petition for statewide independent candidates from 41,012 signatures to a flat 5,000 signatures. H215 does the same for new and minor parties. H216 provides a later deadline for minor parties to certify the names of their nominees. Finally, H221 lowers the vote test for a party to remain qualified from 20% of the last vote cast, to 3%.
• In Alaska, the state Elections Department has asked the legislature to pass SB76 and HB 94. They set up the state’s first procedures for independent presidential candidates, and also make it easier for a party to remain on the ballot. HB94 has a hearing on February 19.
• In Arizona, State Senator Karen Johnson intends to amend another election law bill to insert a provision making it easier for new parties to get on the ballot. No party has newly-qualified in this state since 2000, and the only parties that are currently on the ballot, or which were on in 2004, are the Republican, Democratic and Libertarian Parties.
• In Georgia, Rep. Stephanie Stuckey Benfield has told the Voter Choice Coalition that she will introduce a bill easing ballot access for minor parties and independent candidates in the week of Feb. 14-19 if a Republican co-sponsor can be found.
• In Illinois, 3 state representatives have introduced HB 758, which would cut the number of signatures needed for minor party and independent candidates. The statewide petition would fall from 25,000 signatures to 10,000; district petitions from 5% of the last vote cast, to 1% of the last vote cast. A hearing is likely in February. The three authors are Democrats Mike Boland and Jack D. Franks, and Republican Paul Froehlich.
• In Iowa, Senator Joe Bolkcom has introduced SF 80, which makes it easier for a new party to remain on the ballot. Current law requires it to poll 2% for the office at the top of the ticket in each election (i.e., president and governor), but SF 80 would let a party remain on if it polled 2% for any of its statewide nominees. The bill would also let a party remain on if it has registration membership of one-half of 1%. Currently, only the Democratic and Republican Parties are qualified in Iowa.
• In Kentucky, the Secretary of State has asked the legislature to pass HB141. Among other provisions, it would abolish the requirement that a minor party or independent presidential candidate must file a declaration of candidacy by April 1. The old law has been ruled unconstitutional by the Attorney General, and was not enforced during 2004. The bill would also let minor party and independent presidential candidates circulate a petition to get on the ballot as early as they wished; current law prohibits them from circulating such a petition, except during the 12 months prior to the deadline.
• In Maine, Rep. John Eder, the Green Party’s only legislator, has introduced LD392, which would let a party remain qualified if it has registration membership of at least one-half of 1% of the state total. Current law requires a party to poll 5% for President or Governor. If Eder’s bill doesn’t pass, the Green Party will be required to poll 5% for Governor in 2006, even though the party might not want to run anyone for this office. The bill has a hearing on February 15.
• In Nebraska, LB 473 has provisions that both help and injure minor parties. It helps them by relaxing the requirements for a party to remain qualified statewide. On the other hand, it eliminates the ability of a party to be ballot-qualified in just one district, or just one county, if that party isn’t qualified statewide. The bill stalled in committee on February 9, but might be amended and revived soon.
• In North Carolina, 5 representatives have introduced H88, which substantially eases ballot access for minor parties and independent candidates for statewide office. Current law for minor parties requires 69,734 valid signatures; the bill would cut this to 17,434 signatures. Current law for independent statewide candidates is even worse, but the current law for statewide independent candidates was declared unconstitutional last year. Consequently, chances are good that H88 will pass, since the state needs a new law for independent statewide candidates. H88 would require 17,434 signatures for statewide independent candidates. The 5 authors of the bill include 3 Democrats (Paul Miller, Paul Luebke and Jennifer Weiss) and two Republicans (John Rayfield and Paul Stam).
• In Oklahoma, Representative Marian Cooksey (R-Edmond) has introduced HB1429, to make it easier for a new party to get on the ballot and also easier for it to stay on. The bill must pass the Rules Committee by February 24. Backers of the bill are hoping that the Rules Committee will hear the bill next week, since the bill is not on the agenda for this week’s meeting.
• Tennessee: State Senator Tim Burchett has introduced SB 1327, which would let candidates who use the independent petition method choose a partisan label, that would be printed on the ballot next to the candidate’s name. Currently, it is so easy to get an independent candidate on the ballot (only 25 signatures) and so difficult to get a new party on the ballot (41,314 signatures), that minor party candidates always appear on the ballot as independents. SB 1327 would let minor party labels appear in conjunction with the independent petition method.