On September 29, the Libertarian Party of New Hampshire filed this 15-page brief in LP of NH v Gardner, 08-cv-367. The case had been filed in 2008 to challenge the refusal of the Secretary of State to permit any unqualified party from using a stand-in presidential candidate on its petitions. This brief is in opposition to the state’s brief, asking that the lawsuit be dismissed. The state argues that if the New Hampshire Libertarian Party wanted the flexibility to get on the ballot before it had chosen its presidential candidate, the party should have done the 3% petition for party status. However, that procedure, which has existed since 1996 in New Hampshire, is so burdensome, it has only been used once (by the Libertarians in 2000). In 2008 it would have required 12,524 signatures. By contrast, in 2000, the one instance at it was used, it required 9,827 signatures. UPDATE: here is the Declaration, attached to the brief, that gives the history of using stand-in presidential candidates on petitions.

Petitioning in New Hampshire is more difficult than in other states. New Hampshire is the only state in which only one signer is permitted on each petition sheet. Partly as a result, the Green Party has never even completed the 3,000-signature statewide independent petition for its presidential candidate, except in 2000. Also the Constitution Party did not complete the 3,000-signature petition for its presidential candidate in either 2004 nor 2008.