The U.S. Supreme Court has received the cert petition filed by the New Hampshire Libertarian Party. Libertarian Party of New Hampshire v Gardner, 11-119. If New Hampshire chooses to respond to the petition, the response is due August 29. The issue is whether the First Amendment freedom of association clause protects a political party’s name on the ballot. In 2008 the Secretary of State had printed the names of two presidential candidates on the November ballot, both with the label “Libertarian”, even though only one of them, Bob Barr, was the party’s nominee.

This is the first time in which any minor party or independent candidate has ever brought a New Hampshire ballot access lawsuit before the U.S. Supreme Court.