New Hampshire is one of four states that has recently refused to let an unqualified party circulate a petition for a presidential candidate, using a stand-in. The other states are Maine, Massachusetts, and Alabama. The Libertarian Party sued New Hampshire over this policy in 2008, in federal court. The case has moved slowly and had been set for a trial, to start February 11, 2010. However, the magistrate in that case has determined that there is no need for a trial, because there are no disputed facts, so the case will not need a trial. The case is Libertarian Party of New Hampshire v Gardner, 08-cv-367. A decision will be rendered based on briefs already filed, so a decision could come at any time.

Last year, a U.S. District Court in Massachusetts ruled in favor of the Libertarian Party, in a very similar case. Massachusetts has appealed that decision, and briefs are about to be filed in the First Circuit. The Libertarian Party also won a similar case against Florida in 1996.

Some states have never been asked if they will permit a stand-in on a presidential petition. In some states, there is no need for a stand-in, because the state has a party petition procedure. A party petition procedure enables a group to petition for a place on the ballot before it has chosen any nominees, so the problem doesn’t arise.