The First Circuit will hear Barr v Galvin, 09-2426, on September 15, at 9:30 a.m.  This is the case on whether the Massachusetts Libertarian Party had a right to use a stand-in presidential nominee on its 2008 petition, and then the ability to substitute the actual nominee for the stand-in nominee.

The U.S. District Court had ruled in favor of the Libertarian Party before the election.  Massachusetts is trying to persuade the First Circuit to reverse the ruling.

Jurisdictions which permit unqualified parties to use stand-in presidential candidates on petitions, and then substitute the actual presidential nominee, are Connecticut, District of Columbia, Illinois, Indiana, Iowa, Kentucky, Missouri, New York, New York, Ohio, Oklahoma, Pennsylvania, Virginia, Washington, and West Virginia.  States that don’t permit it are Alabama, Maine, and New Hampshire.  The issue doesn’t arise in most states, either because the party petition is just as easy (or easier) than the candidate petition, or else because the candidate petition is so easy and due so late in the process that even a minor party that doesn’t nominate its presidential candidate until August can use it.  A “party petition” is a petition to transform a group into a qualified party, and which doesn’t bear the names of any candidates.

All states permit qualified parties to substitute a new nominee when the original nominee withdraws from the presidential or vice-presidential race.  For instance, all states let the Democratic Party substitute for vice-president in 1972, to replace Thomas Eagleton.  Eagleton had been nominated at the July 1972 convention but he withdrew in August 1972 and the Democratic National Committee chose R. Sargent Shriver to replace him.