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Committee approves amendment and reports favorably on SB 280 to enforce 365-day party affiliation rule
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Summary
The Senate Ethics and Elections Committee adopted a strike-all amendment to SB 280 clarifying the consecutive 365-day party affiliation requirement and narrowed standing to political parties and other candidates; the bill as amended was reported favorably on a roll call.
Senator Arrington told the Senate Ethics and Elections Committee on Wednesday that Senate Bill 280 would create a private right of action to challenge a candidate’s compliance with the statutory party affiliation requirement and, if a court finds noncompliance, disqualify the candidate from the ballot.
“Although the current law requires candidates to state such information and affirm in writing, courts have found no mechanism by which the provision can be enforced,” Arrington said. He described SB 280 as creating a substantive requirement in addition to the written statement and said the bill would allow “a political party or other person or entity with standing” to bring a claim that a candidate did not comply.
Arrington offered an amendment in the form of a strike-all that clarifies the 365-day requirement applies to the 365 consecutive days immediately preceding the qualifying period, tightens the written-statement language, and restricts who may bring a claim to political parties and other candidates for the same office to avoid standing confusion. The committee voted to adopt the amendment by voice vote; the record shows the amendment passed on the chair’s call.
Following adoption of the amendment, committee staff called the roll on the bill as amended. Senators Bradley, Collins, Garcia, Kroll, Polsky, Roussaint, Vice Chair Bernard and Chair Gates were recorded voting “yes.” By that action, the committee reported SB 280 favorably. The transcript does not record any public testimony or additional debate after the amendment vote.
The amendment’s principal clarifications are: (1) the 365-day party affiliation period must be consecutive immediately preceding the qualifying period; (2) the candidate’s written party-affiliation statement is conformed to the clarified timing; and (3) standing to bring challenges is limited to political parties and other candidates for the same office. If a circuit court finds a candidate failed to meet the requirement, the bill would disqualify that candidate from placement on the ballot. The transcript did not include fiscal impacts or a legislative history beyond the committee’s action at this meeting.
