Until 2009, every court that had ever heard a case on whether an unqualified party could list a stand-in vice-presidential candidate, or a stand-in presidential candidate, on its ballot access petition, had always approved the idea. Because some states require petitions to put a new party on the ballot to list their nominees, and because these petitions sometimes must be circulated before the party chooses its presidential and vice-presidential candidates, listing a stand-in is the only practical solution for minor parties that wish to choose their national tickets in the late spring or summer of election years.

Unfortunately, in 2009, a U.S. District Court Magistrate in New Hampshire ruled that states can block stand-ins, and in 2010 the First Circuit also ruled against stand-ins, in cases from Massachusetts and New Hampshire. Both lawsuits had been filed by the Libertarian Party. The Libertarian Party is in the process of asking the U.S. Supreme Court to review the First Circuit opinions. George Phillies is generously funding half the printing costs for the cert petition involving the Massachusetts case.