Many state elections officials have ruled over the past 15 years that an unqualified party may circulate a petition listing a “stand-in” presidential candidate, in advance of that party’s presidential convention. The party submits the petition. Then, after that party’s presidential convention, the “stand-in” resigns, and the state allows that party to substitute the name of the actual presidential candidate.

On September 14, the New Hampshire Secretary of State said this is not permitted in his state. This is bad news for the Libertarian Party, which has over 1,500 signatures on a petition listing George Phillies for president (3,000 signatures are required). The Libertarian Party national convention is in May 2008, so no one knows who the presidential nominee will be. The Libertarian Party started its presidential candidate petition early because past experience shows that it takes at least 4 months to complete the petition, and there is less than 3 months between the date of the Libertarian national convention and the New Hampshire petition deadline.

The U.S. Supreme Court decision Anderson v Celebrezze, issued in 1983, said that since the major parties have the flexibility to choose their presidential and vice-presidential candidates in the summer, all other groups must be permitted the same flexibility. All 50 states gave the Democratic Party flexibility in 1972, when the party’s vice-presidential candidate, Thomas Eagleton, resigned from the ticket. All 50 states accepted his withdrawal and let the party substitute R. Sargent Shriver. Also, in 1996 a federal court in Florida ruled that Florida must permit the Libertarian Party substitute Harry Browne for the stand-in listed on the party’s Florida petition.