House Bill Analysis

HB 2777

Title: AN ACT Relating to candidates for office.

Brief Description: Regulating ballot listing for presidential candidates.

Sponsor: Schmidt, D., Romero.

Brief Summary

CAllows a major or minor political party, or an independent presidential candidate, to substitute a different vice presidential candidate than appeared on the party=s certificate or on the independent candidate=s nominating petition, if the change is certified to the secretary of state at least 45 days prior to the general election.

CRequires candidates for president and vice president to file a slate of presidential electors at least 45 days, but not more than 180 days, before the date of the general election.

CRemoves the requirement that a convention must be held by a minor party, or group of independent voters, to nominate a slate of candidates for president and vice president.

House State Government Committee

Staff: Steve Lundin  (786-7127)

Background:

A minor party candidate, or independent candidate, for a partisan office is placed on the ballot by: (1) Being nominated at a convention held not earlier of the last Saturday in June and not later than the first Saturday in July, that is attended by at least 25 registered voters; and (2) filing a petition nominating the candidate that has been signed by at least 200 registered voters, if the office is a state-wide office, president and vice president, or United States Senate, or signed by at least 25 registered voters for any other office.

A minor party may hold more than one convention, but may not nominate more than one candidate for a partisan office or position.  A person may not sign more than one nominating petition for the same office for the same primary or election.

A nominating petition must be submitted no later than one week after adjournment of the nominating convention.

Except for the office of president and vice president, a candidate files a declaration of candidacy and pays the required filing fee.

Each slate of candidates for president and vice president is required to file nominees of presidential electors pledged to support the candidates equal in number to the number of United States Senators and members of Congress from the state.

Summary:

The names of a slate of candidates for president and vice president will not be placed on the ballot unless a slate of electors for those candidates has been filed with the Secretary of State at least 45, but no more than 180 days, before the date of the general election.

A major or minor political party, or an independent presidential candidate, may substitute a different vice presidential candidate than the one appearing on the party=s certification or the independent candidate=s nominating petition, if the change is certified to the secretary of state at least 45 days prior to the general election.

Provisions of law for the nomination of minor party and independent candidates for president and vice president are separated from provisions of law for the nomination of minor party and independent candidates for other partisan offices.

Minor party and independent candidates for president and vice president are no longer required to be nominated by a convention, but still must have a petition nominating these candidates filed with the Secretary of State that has been signed by at least 200 registered voters.  The following documents must be filed with the petition: (1) A sworn statement signed by the candidates attesting to their consent to appear on the ballot, that includes the mailing address and telephone number of each candidate; and (2) documentation of the slate of presidential electors who are pledged to support the candidates.

Petitions may be circulated at the regular convention of a minor party or separately from the convention, or both.

The Secretary of State must notify the person or persons who submitted presidential and vice presidential nomination petitions about the sufficiency of the petitions.

Rule Making Authority: No Express Authority

Appropriation:  None.

Fiscal Note:  Not requested.

Effective Date of Amended Bill: The bill contains an emergency clause and takes effect immediately.