On November 26, the Libertarian Party filed its opening brief in the 8th circuit in Libertarian Party of North Dakota v Jaeger.  The case challenges a law that says a ballot-qualified party with its own primary cannot place any of its legislative nominees on the November ballot, unless approximately 10% to 15% of all the voters choose that party’s primary ballot and vote for that party’s legislative nominees.  The law is so restrictive, no minor party has had any nominees on the November ballot since 1976, when the American Party was able to overcome the hurdle.

The U.S. District Court had upheld the law anyway.  The North Dakota law is very strange, because it is only severe for the party’s candidates for legislative office.  There is also a minimum primary vote test for the statewide offices, but it is far less onerous.  For statewide office, the law requires that 300 people choose the party’s primary ballot and vote for one of the party’s nominees.  300 people in the whole state works out to about 6 voters per legislative district.  By contrast, if the party wants to have legislative candidates, it needs between 110 and 130 people to choose its primary ballot in any particular legislative district.  The contrast between a requirement of six voters, versus 130, is extreme and illogical.