TENNESSEE LAW ON PARTY RETENTION STRUCK DOWN

FIRST FEDERAL COURT VICTORY ON THIS ISSUE

On March 14, U.S. District Court Judge William J. Haynes, a Clinton appointee, ruled that the Tennessee law on how a party remains on the ballot is unconstitutional. Green Party of Tennessee v Hargett, m.d., 3:13cv-1128.

When a newly-qualifying party gets on the ballot by submitting a petition, it is removed from the ballot after its first election, unless it polls 5% for President, Governor, or U.S. Senator. But a party that meets the 5% vote is then guaranteed to be on the ballot for the next two elections.

The decision finds that, therefore, newly-qualifying parties are not being treated equally. The state could cure this defect in one of two ways: (1) it could provide that when a party submits a petition, it gets the next two elections; (2) it could provide that after a party meets the 5% vote test, it gets only one additional election, not two. The decision hints that only alternative (1) would be acceptable, however. It quotes from the U.S. Supreme Court decision Norman v Reed, a 1992 decision from Illinois that said states must give voters a chance to "create and develop" new political parties. That case had been won by the Harold Washington Party, and reduced the petition burden to get on the ballot for county office in Cook County.

The Tennessee decision puts the Green Party and the Constitution Party on the ballot for 2014. They had each been on the ballot in 2012, but neither one of them had polled as much as 5% for either President or U.S. Senate. The Green Party had come closer, and had polled 1.66% for U.S. Senate. The Constitution Party did not run anyone for U.S. Senate in 2012. Both parties polled less than 1% for President in 2012. No other minor parties had been on the 2012 ballot.

Why Decision is Unprecedented

This decision is the first time that a federal court has ever struck down a law on how a party remains on the ballot. In 1982 the Alaska Supreme Court had struck down Alaska’s law, but that decision had been based on the Alaska Constitution, not the U.S. Constitution. That decision struck down a law that said a party needs a vote of 10% for Governor. The Alaskan Independence Party had won that case.

Some states have vote tests that are so severe, they have not been used in decades. The most severe are the laws of Pennsylvania, requiring registration membership of 15% of the state total; and New Jersey, requiring a vote of 10% for all votes cast for lower house of the state legislature.

The Tennessee decision also strikes down a state law that requires new parties to sign a loyalty oath that they do not advocate the violent overthrow of the government. That part of the decision was no surprise, because the U.S. Supreme Court had struck down a similar Indiana law in 1974, by a unanimous vote.

The Tennessee legislature is considering several bills to ease the ballot access laws. Probably the state won’t decide whether to appeal until legislative leaders decide whether to advance those bills.

On March 13, the New Hampshire House passed HB 1322. It lowers the vote test to meet the definition of qualified party from 4%, to 3%, for Governor or U.S. Senator. It would not result in any immediate change, because the only party on the ballot in 2012 for those offices, the Libertarian Party, got 2.78% for Governor.

On March 13, the Oklahoma House passed HB 2134 by 74-11. It cuts the number of signatures for a new party from 5% of the last vote cast, to 2.5%. If the bill were in effect this year, the requirement would be 33,372 signatures, not 66,744.

The bill is now in the Senate Rules Committee. In the Senate, the sponsor is Senator Bryce Marlatt, the Majority Caucus Leader. The bill had been introduced in 2013 by the legislator who was elected Speaker of the House earlier this year.

If the bill is signed into law, Oklahoma will still require a higher percentage to get on the ballot for President than any other state. All other states have some procedure for a presidential candidate (running outside the major parties) to get on the ballot that is equal to, or easier than, 2% of the vote in a previous election.

On February 27, the Fourth Circuit upheld North Carolina’s May petition deadline for newly-qualifying parties. Pisano v Strach, 13-1368. The decision says the state needs an early deadline because it takes so long to check the petition. This is because the state requires almost 90,000 valid signatures. The decision did not even mention that the North Carolina deadline for statewide independent candidates is almost a month later, and the statewide independent petition requires just as many signatures.

On March 13, the Constitution and Green Parties for a request for rehearing en banc, which is still pending.

On February 14, the Ohio Secretary of State certified three statewide Libertarian Party candidates for the party’s May 6 primary ballot. They were running for Governor and Lieutennt Governor (as a team), and Attorney General. They each needed 500 signatures, and the state determined that they had enough.

But on February 21, a challenge was filed to those petitions. On March 4, the Secretary of State held an administrative hearing, and then ruled the candidates off the ballot because the circulators had not filled out a blank, printed on each petition sheet, that asks for the employer of the circulator. This rule had been passed in 2005, but never before enforced. At the hearing, the circulators testified that they believed it did not apply to independent contractors.

On March 6, the Libertarian Party asked a U.S. District Court for an injunction, putting the three candidates back on the primary ballot, but on March 19, Judge Michael Watson refused. He wrote, "Evidence in the record supports an inference that operatives or supporters of the Ohio Republican Party orchestrated the protest", but says that a law requiring circulators to reveal their employers is valid, so there is no basis for relief.

On March 20, the party appealed, and the next day the.Sixth Circuit agreed to expedite the case. All briefs will be in by April 15. The primary is May 6. Normally, it would be too late for a court to put candidates on a ballot that close to an election, but in this case that is not a problem. Because the three statewide Libertarians are unopposed in the Libertarian Party primary, they each only need one vote. Some counties use electronic vote-counting machines, and a name can be added to those machines just days before a primary.

If the party doesn’t win in the Sixth Circuit, it won’t have a gubernatorial nominee on the November ballot, and it will be disqualified. Ohio requires parties to poll 2% for Governor in 2014 in order to remain on the ballot.

On March 3, U.S. District Court Judge Mark E. Fuller denied Alabama’s request to terminate the lawsuit Hall v Bennett. The issue is whether Alabama is violating the Constitution by refusing to ease the number of signatures for independent candidates and minor parties in special elections, when the petitioning time is much shorter. The case arose around a special U.S. House election held in December 2013, and the state argued that the case is moot because that election is over. But the judge disagreed, and will probably rule on the constitutional issue soon.

This is the first time any federal judge has ruled favorably on a ballot access lawsuit in Alabama in twenty years. During the last two decades, federal judges in Alabama have upheld the March petition deadline (that case, Stein v Bennett, is being appealed), the number of signatures for minor parties and independent candidates, and the policy that requires more signatures for an independent for U.S. House than for President. Federal judges in Alabama have also turned aside challenges filed by candidates who were excluded from primary ballots because of their political views.

On March 19, the Kansas legislature passed HB 2130. The bill repeals all laws that prohibit out-of-state circulators. The new law says that anyone who is an adult citizen, and not an ex-felon, may circulate any petition. The House had passed this bill last year but only this year did the Senate pass it.

States that still prohibit out-of-state circulators for candidate petitions are Connecticut, Michigan, New Jersey, New York, Pennsylvania, and South Dakota. In addition, Alaska, Maine, and North Dakota ban out-of-state workers for initiative petitions. Lawsuits are pending in Alaska and Michigan and one will soon be filed in North Dakota.

On March 21, the Alabama Supreme Court ruled 7-2 that the Secretary of State has no obligation to determine if presidential candidates meet the constitutional qualifications. Hugh McInnish and Virgil Goode v Bennett, 1120465. The lower court had come to the same conclusion.

The lawsuit had been filed in 2012 by individuals who feel that President Obama does not meet the constitutional qualifications. The lawsuit did not seek to keep him off the ballot, but merely to force the Secretary of State to investigate. The majority concludes that nothing in the law requires the Secretary of State to inquire about presidential candidates’ qualifications. The dissent, written by Chief Justice Roy Moore, says the Secretary took an oath to support the U.S. Constitution and her duty is implicit.

On March 19, New Jersey election officials agreed to let voters register into the Socialist Party, and to keep a tally. The party will then be able to obtain a list of its registered voters. The party had sued to obtain this outcome. The state agreed, without the need for a judge to make a decision. The lawsuit had been filed July 1, 2013, and is Noble v State, Mercer County Superior Court, c-86-13.

Six other minor parties also have voter registration rights in New Jersey. In all six instances, the parties had to sue the state. New Jersey still doesn’t have any law, or any regulations, to decide which minor parties may have voter registration rights. Perhaps the state will now issue some regulation so that future lawsuits won’t be needed. A regulation can also be useful for determining when to terminate the voter tally. New Jersey is still tracking registrants in the Natural Law Party, and the Conservative Party, but neither party is still in existence.

On March 6, the Third Circuit heard Constitution Party v Aichele, 13-1952. The issue is the Pennsylvania system that puts petitioning groups at risk of court costs of up to $110,000 if they submit a petition that doesn’t have enough valid signatures. The lower court had said that plaintiffs lack standing, even though the case had been filed in 2012, a year in which the Libertarian petition was challenged, and the Constitution Party withdrew its petition because of fear of court costs.

The attorney for the state admitted at the argument that the U.S. District Court had applied an incorrect legal standard. At the end of the hearing, the judges asked the state to order a transcript of the hearing, which seems to suggest that the opinion, when it comes, will quote the admission.

On February 28, an Arkansas Circuit Court struck down several restrictions on initiative petitions that had been passed by the legislature in 2013. Spencer v Martin, Pulaski Co., cv-13-4020. The State Constitution says, "No law shall be passed…in any manner interfering with the freedom of the people in procuring petitions." The state is appealing.

The restrictions include: (1) the signer must fill out all blanks himself or herself, including date of signing, birthday, and address; (2) when the sponsors submit a batch of signatures, all petitioning must stop until that batch has been checked; (3) the sponsor must submit a list of all paid circulators in advance, with the address of the circulator and a picture taken within 90 days; (4) "paid circulator" is defined to mean a circulator who receives "anything of value", which might even include a T-shirt or a clipboard or a free meal; (5) an entire sheet is invalid if voters from two different counties signed that petition, unless all the signatures from residents of one county are lined out.

Alabama: HB 62 was signed into law on February 4. It says the general election ballot must be finalized by the last week in August. However, the bill does not amend another law that says independent presidential candidate petitions are due the first week in September. The election code is now internally contradictory.

Arizona: on February 27, Governor Jan Brewer signed HB 2196. It repeals ballot access restrictions passed in 2013, which made it very difficult for members of small parties to get on their own party’s primary ballot.

Colorado: on March 12, the House State, Veterans & Military Affairs Committee defeated HB 1062 by 3-8. It would have let local governments use Approval Voting for non-partisan office. Approval Voting lets a voter vote for as many candidates as desired, even though only one candidate is being elected. All Democrats on the Committee voted "No."

Kentucky: on March 18, the Senate passed SB 205, to let someone run simultaneously for President or Vice-President, and some other office. U.S. Senator Rand Paul’s term is up in 2016, and he probably will run for re-election as well as for President.

Louisiana: on March 19, the House & Government Affairs Committee passed HB 193. It lets independent candidates have "independent" on the ballot, instead of "no party."

New Mexico: on March 7, Governor Susana Martinez signed HB 368, which makes several ballot access improvements: (1) the petition to establish a new party is now due in June instead of April; (2) the number of signatures for minor party nominees in midterm years is reduced somewhat; (3) petitions are deemed valid if they appear to have enough signatures.

Tennessee: on March 12, a Subcommittee of the House Local Government Committee passed HB 958, which lowers the number of signatures for a new party from 2.5% of the last gubernatorial vote to 2,500 signatures.

Utah: on March 10, the House passed HB 410, which provides that the presidential primary should be conducted on-line, and also says the date would be earlier than any other state’s presidential primary or caucus. However, the Senate did not take up the bill, and the legislature has adjourned.

The chart below gives registration totals for each party. All figures are from early 2014, except that the Connecticut, New York, and Pennsylvania figures are from 2013; the Connecticut minor party totals are from 2012; and the Pennsylvania Constitution and Green totals are from 2012. The Nevada Green figure is for 2014 but is approximate.

The chart shows that the number of registered voters has declined since November 2012. Nevertheless, Libertarian registration has grown by 11.4%, although registration for all other nationally-organized parties, major and minor, has declined. The number of independent voters is up by .7%.

The parties in the "other" column are: Ak., Alaskan Independence 16,125, Veterans 1,162; Ca., American Independent 469,648, Peace & Freedom 76,268; Ct., Independent Party 13,933, Working Families 222; Del., Indp. Party 3,400, Working Families 544, Soc. Workers 156; Fl., Independent Party 266,193, Independence Party 54,331, America’s Party 512, Tea 705, Ecology 177, Socialism & Liberation 108, Peace & Freedom 110; Ky., Socialist Workers; La., Conservative; Mass., Socialist; N.J., Conservative 647, Natural Law 37; N.M., Independent American 1,851, Peace & Freedom 26 Socialist Workers 18; N.Y., Independence 439,754; Conservative 146,379; Working Families 42,972; Or., Independent Party 99,797; Working Families 10,276; Progressive 1,933; R.I., Moderate; Ut., Independent American 3,367, Justice 58.

All figures are as of early 2014, except that Connecticut, Massachusetts, and New York are as of 2013.

MARCH 2014 REGISTRATION TOTALS

~	Dem.	Rep.	Ind, misc	Lib’t.	Green	Consti.	Reform	Am-Elect	other
Alaska	70,913	135,366	266,381	7,632	1,839	164	?	?	17,287
Arizona	960,701	1,130,170	1,128,642	26,595	5,601	?	?	332	– –
Calif.	7,695,907	5,073,380	4,103,528	112,527	108,785	355	16,377	3,482	545,916
Colorado	899,031	938,939	997,461	20,890	7,079	5,845	?	?	– –
Conn.	741,340	414,711	843,787	1,603	1,815	182	87	?	14,155
Delaware	303,251	179,396	144,198	1,026	629	384	89	?	4,100
Dt. Col.	337,980	27,213	77,157	231	3,613	?	?	?	– –
Florida	4,710,865	4,139,885	2,716,016	22,009	5,797	1,135	1,838	?	322,176
Idaho	56,741	240,996	550,189	3,421	?	1,713	?	?	– –
Iowa	602,487	605,192	706,776	2,667	978	0	0	0	– –
Kansas	423,345	764,610	528,460	12,281	0	0	0	0	0
Kentucky	1,669,536	1,175,497	225,353	3,411	788	268	101	?	68
Louis’na	1,378,150	807,310	711,940	9,156	1,868	120	1,410	694	643
Maine	305,920	260,768	356,522	?	37,640	?	?	?	– –
Maryland	2,050,805	947,339	649,854	13,424	8,432	?	?	287	– –
Mass.	1,523,236	471,466	2,247,203	12,205	6,820	96	173	?	230
Nebraska	361,863	550,801	231,755	4,819	?	?	?	?	– –
Nevada	465,483	401,906	205,991	8,398	4,000	54,175	?	?	– –
N. Hamp.	236,774	261,846	372,009	?	?	?	?	?	– –
N. Jersey	1,814,423	1,086,552	2,597,684	2,373	1,261	170	66	?	684
N. Mex.	597,165	398,443	268,374	3,024	4,807	150	74	0	1,895
N. York	5,441,544	2,649,058	2,271,828	4,956	21,086	?	?	?	629,105
No. Car.	2,763,183	1,992,664	1,728,452	23,264	?	?	?	?	– –
Okla.	885,609	854,329	238,870	?	?	?	?	4	– –
Oregon	836,862	657,794	517,397	15,964	10,258	3,443	?	165	112,006
Pennsyl.	4,089,866	3,030,658	1,042,965	45,340	12,599	3,814	?	?	– –
Rhode Is.	289,924	74,457	368,168	?	?	?	?	?	1,719
So. Dak.	176,081	234,976	95,431	1,271	?	441	?	7	– –
Utah	112,694	591,979	516,469	6,623	1,042	3,503	74	87	3,425
W. Va.	614,007	351,552	252,442	1,534	1,452	149	?	?	– –
Wyo.	53,022	166,250	34,939	1,917	?	318	?	?	– –
TOTAL	42,468,708	30,615,503	26,996,241	368,561	248,189	76,425	20,289	5,058	1,653,409
Percent	41.45%	29.88%	26.35	.36	.24%	.07%	.02%	.005%	1.61%

Totals October 2012 were: Dem. 43,512,746 (41.85%), Rep. 31,298,863 (30.10%), Indp. & misc. 26,808,810 (25.79%), Libertarian 330,811 (.32%), Green 250,682 (.24%), Constitution 77,918 (.07%), Reform 22,880 (.02%), Americans Elect 6,408 (.01%), other parties 1,659,537 (1.60%).

Totals October 2008 were: Dem. 43,933,901 (43.62%), Rep. 30,944,590 (30.72%), Indp. & misc. 24,157,259 (23.98%), AIP/Constitution 438,222 (.44%), Green 255,019 (.25%), Libertarian 240,328 (.24%), Reform 32,961 (.03%), other parties 675,980 (.67%).

Totals October 2004 were: Dem. 37,301,951 (42.19%), Rep. 28,988,593 (32.79%), Indp. & misc. 20,471,250 (23.15%), Constitution 320,019 (.36%), Green 298,701 (.34%), Libertarian 235,521 (.27%), Reform 63,729 (.07%), Natural Law 39,670 (.04%), other parties 695,639 (.79%).

Totals October 2000 were: Dem. 38,529,264 (43.84%), Rep. 28,813,511 (32.78%), Indp. & misc. 18,999,126 (21.62%), Constitution 348,977 (.40%), Libertarian 224,713 (.26%), Green 193,332 (.22%), Reform 99,408 (.11%), Natural Law 61,405 (.07%), other parties 620,668 (.71%).

Totals October 1992 were: Dem. 35,616,630 (47.76%), Rep. 24,590,383 (32.97%), Indp. & misc. 13,617,167 (18.26%), Green 102,557 (.14%), Libertarian 100,394 (.13%), other parties 554,668 (.74%).

STATE	REQUIREMENTS		SIGNATURES OR REGIS. OBTAINED				DEADLINES
	FULL PARTY	CAND	LIB’T	GREEN	CONSTI	Am Elect	Party	Indp.
Ala.	44,829	44,829	0	0	0	0	June 3	June 3
Alaska	(reg) 8,925	#2,975	already on	(reg)*1,839	(reg) *164	0	June 1	Aug. 19
Ariz.	23,041	(est) #31,000	already on	in court	0	already on	Feb. 28	May 28
Ark.	10,000	10,000	already on	already on	0	0	*Jan 2	in court
Calif.	(reg) 103,004	65 + fee	already on	already on	*too late	already on	Jan. 2	March 7
Colo.	(reg) 1,000	#1,000	already on	already on	already on	0	Jan. 8	July 10
Conn.	no procedure	#7,500	0	already on	0	0	– – –	Aug. 6
Del.	(est.) (reg) 650	(est.) 6,500	already on	already on	(reg) *384	0	Aug. 19	July 15
D.C.	no procedure	(est.) #3,900	already on	already on	can’t start	can’t start	– – –	Aug. 6
Florida	0	pay fee	already on	already on	already on	0	*May 2	May 2
Georgia	50,334	#50,334	already on	0	0	0	July 8	July 8
Hawaii	706	25	already on	already on	0	0	Feb. 20	June 3
Idaho	13,102	1,000	already on	0	already on	0	Aug. 30	March 14
Illinois	no procedure	#25,000	*50	*50	*50	*0	– – –	June 23
Indiana	no procedure	#34,195	already on	0	0	0	– – –	June 30
Iowa	no procedure	#1,500	0	0	0	0	– – –	Aug. 15
Kansas	16,776	5,000	already on	0	0	0	June 2	Aug. 4
Ky.	no procedure	#5,000	*400	0	0	0	– – –	Aug. 12
La.	(reg) 1,000	pay fee	already on	already on	(reg) *120	0	May 15	Aug. 22
Maine	*(reg) 5,000	#4,000	0	already on	0	0	Dec 12, 13	June 2
Md.	10,000	(est.) 40,000	already on	already on	0	*already on	Aug. 4	Aug. 4
Mass.	(reg) 42,391	#10,000	*0	*300	*0	0	Nov. 5, 13	July 29
Mich.	32,261	30,000	already on	already on	already on	0	July 16	July 17
Minn.	146,297	#2,000	0	0	0	0	May 1	June 3
Miss.	be organized	1,000	already on	already on	already on	0	March 3	March 3
Mo.	10,000	10,000	already on	0	already on	0	July 28	July 28
Mont.	5,000	#11,823	already on	*0	0	0	March 13	May 27
Nebr.	4,880	4,000	already on	0	0	0	Aug. 1	*Sep 2
Nev.	(reg. or pet) 9,738	*250	already on	(reg.) 4,000	already on	0	April 11	*Feb. 6
N. Hamp.	20,779	#3,000	0	0	0	0	Aug. 6	Aug. 6
N.J.	no procedure	#800	0	0	0	0	– – –	June 3
N. M.	3,009	18,053	already on	0	*3,600	0	*June 24	June 24
N.Y.	no procedure	#15,000	can’t start	already on	can’t start	can’t start	– – –	Aug. 5
No. Car.	89,366	89,366	already on	0	0	0	in court	June 12
No. Dak.	7,000	1,000	already on	0	0	0	Apr. 11	*Sep. 2
Ohio	27,905	5,000	already on	already on	already on	0	July 2	May 5
Okla.	66,744	pay fee	0	0	0	0	March 3	April 11
Oregon	17,700	18,279	already on	already on	already on	0	Aug. 26	Aug. 26
Penn.	no procedure	#16,639	*250	*200	*0	*0	– – –	Aug. 1
R.I.	17,115	#1,000	0	0	0	0	June 2	*July 11
So. Car.	10,000	10,000	already on	already on	already on	already on	May 4	July 15
So. Dak.	7,928	3,171	already on	0	already on	already on	Mar. 25	April 29
Tenn.	40,042	25	*0	*already on	*already on	0	Aug. 6	April 3
Texas	49,729	49,729	already on	already on	*0	*0	May 20	June 26
Utah	2,000	#1,000	already on	*too late	already on	*too late	March 1	March 20
Vermont	be organized	#500	already on	0	0	0	Jan. 1	June 12
Virginia	no procedure	#10,000	*1,800	0	0	0	– – –	June 10
Wash.	no procedure	#pay fee	can’t start	can’t start	can’t start	can’t start	– – –	*May 16
West Va.	no procedure	#6,516	already on	already on	*2,500	0	– – –	Aug. 1
Wisc.	10,000	#2,000	0	0	already on	0	May 1	*June 2
Wyo.	4,833	4,833	already on	0	already on	0	June 1	Aug. 25
TOTAL STATES ON			33	20*	15*	5*	“	`

# label permitted (other than "independent").
"AM ELECT means "Americans Elect."
* entry changed since the Mar. 1, 2014 issue).
"Reg" = registrations. "Pet" = petition signatures.
The 1787 Party will not petition in any state this year, not even Texas.

On March 18, a write-in candidate, Scott Wagner, was elected to the Pennsylvania State Senate. This is the first time since 1934 that someone who was not a Democratic or Republican nominee has been elected to the Pennsylvania legislature. The vote totals are: Wagner 10,595; Republican Ron Miller 5,920; Democrat Linda Small 5,704.

Wagner is a registered Republican. He launched his write-in campaign after the Republican Party, in a party meeting, chose another Republican to be the party’s nominee. In special elections, Pennsylvania allows qualified parties to nominate without any primaries. Wagner campaigned against legislative pensions. One particular retired state legislator draws an annual pension of $286,000 per year.

On March 11, Florida held a special election to fill the vacant U.S. House seat, 13^th district. The results: Republican David Jolly 89,167; Democrat Alex Sink 85,673; Libertarian Lucas Overby 8,919; write-in candidate Michael S. Levinson 13. When this seat had been up in 2012, the vote was: Republican 189,605; Democratic 139,742.

Washington, D.C., city councilmember David Catania has announced that he will run for Mayor as an independent candidate. He has been on the city council since 1997, as an at-large member, which means he has been winning citywide, not just in one ward.

He was first elected as a Republican, but he left the party and was re-elected as an independent in 2006 and 2010. For city council-at-large races, the city’s election laws provide that the voters elect two members, but no party is permitted to run more than one nominee. The purpose of this law is to avoid having all city council members be from the dominant party.

On March 6, "The Nation" carried an interview with U.S. Senator Bernie Sanders, in which Sanders says he is thinking about running for President. He has never run for public office as a Democrat before. He was elected to the U.S. House as an independent in all elections 1990 through 2004. In 2006 he was elected to the U.S. Senate as an independent, and he was re-elected as an independent in 2012. He holds the record for the longest service for any independent in Congress. In the interview, Sanders did not say whether he would run for the Democratic nomination, or whether he would run outside the major parties.

Texas held its primary on March 4. Kesha Rogers, the candidate of the Lyndon LaRouche organization, placed second for U.S. Senate in the Democratic primary. Because no one got as much as 50%, there will be a run-off on May 27. The vote was: David Alameel 238,618; Rogers 110,160; Maxey Marie Scherr 89,735; Harry Kim 45,324; Michael Fjetland 23,175.

Technically, Idaho holds primaries for all ballot-qualified parties except newly-qualifying parties. However, in practice, Idaho only prints up primary ballots for parties that have at least two candidates for a single office. This year, the Constitution Party has two candidates for State Senate, district one, so the state will print primary ballots for the party, for that office only, in that district. This is believed to be the first time Idaho has conducted a primary for a party other than the Democratic and Republican Parties in at least thirty years. The two candidates are Christian Fioravanti and Jack Marvin. Only registered members of the Constitution Party can vote in this primary.

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