On August 9, New Hampshire Secretary of State Bill Gardner said he will ask the Attorney General whether an unqualified party can circulate a presidential candidate petition listing one particular presidential candidate, and then have that candidate withdraw (should he or she not be nominated) and have the actual national convention nominee replace him or her.

The New Hampshire Libertarian Party is currently circulating a presidential candidate petition, listing George Phillies for president. Phillies is an active and vigorous campaigner for that nomination, but no one knows who the actual Libertarian Party presidential nominee will be. The NHLP has started circulating this petition because (even though only 3,000 signatures are needed) the petitioning process in New Hampshire is very ardurous. The party failed to get its needed 3,000 signatures for Michael Badnarik in 2004, and failed to get its needed 3,000 signatures for Richard Kahn for Governor in 2006. New Hampshire petitions must be turned in to each town clerk. Later, after the town clerks have checked them, the group must physically collect them and transport them to the Secretary of State’s office. Sometimes it is difficult to get the town clerks to do this work. The process takes far longer than it does in most states.

If the Attorney General rules that a presidential candidate listed on a petition may withdraw, he will be agreeing with similar rulings in many other states. If he refuses to allow it, it is possible the NHLP will bring a lawsuit.

The Libertarian Party national convention is in late May 2008 in Denver, Colorado.