April 1st, 2008
Ballot Access News
On March 31, the Missouri Senate Financial, Governmental Organizations and Elections Committee held a hearing on HB 1310. That bill moves the independent candidate petition deadline from late July to March. It does not exclude presidential independents. For that reason, the bill is clearly unconstitutional under Anderson v Celebrezze, and also McCarthy v Kirkpatrick.
Barbara Woodruff, chair of Show Me Independents, testified against the bill and furnished each Senator with a copy of the U.S. Supreme Court decision Anderson v Celebrezze. The bill’s sponsor did not try to argue that his bill would be upheld. He merely stated that he doesn’t want anyone running against him, and not having to declare a candidacy until July of the election year. The Committee will decide later whether to pass the bill or not.
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