On December 14, a single justice of the Massachusetts Supreme Judicial Court referred the lawsuit Libertarian Association of Massachusetts v Galvin to the full State Supreme Court. The referral was made by Justice Robert Cordy. This makes it very likely that the full court will hear and decide the case.

The case originated in 2008, when the Libertarian Party submitted a petition to be on the November ballot for President, using a stand-in presidential candidate on the petition. The party used a stand-in because it wanted to start circulating its petition before the national convention had chosen the actual presidential nominee. Massachusetts had permitted stand-ins in the past, and in 2007 had even told the party that it would furnish the forms necessary to do this. But then, when the party submitted its petition and tried to replace the stand-in with the actual nominee, the state refused. The party then won in U.S. District Court. But, after the election was over, the First Circuit reversed the U.S. District Court’s decision on constitutionality. But, the First Circuit said perhaps the state courts would construe the Massachusetts law to allow presidential stand-ins.

The first step toward getting a state court to construe the law has now been achieved. If the Libertarian Party wins the case, it will help not only that party, but all unqualified parties which want to begin petitioning before they have nominated their presidential nominee. For example, a victory would help Americans Elect.