On August 30, U.S. District Court Judge Paul Borman set September 6 for a hearing in Libertarian Party of Michigan v Ruth Johnson. The state has until September 4 to file its response to the Libertarian Party’s brief asking for summary judgment, and then the party can respond the next day. The hearing will be in Detroit at 3 p.m. on September 6. The issue is whether Gary Johnson can be on the ballot. The Libertarian Party is ballot-qualified but the state says it won’t print Johnson’s name because his name appeared on the February presidential primary ballot.

Although the Michigan Libertarian Party’s submission of Johnson’s name asked that, if Johnson can’t appear, that the state party’s presidential second-choice is Gary E. Johnson of Austin, Texas, the state has never responded to that alternate choice, and its web page continues to list no Libertarian for President. The party’s lawsuit does not discuss the alternate Johnson.

The state’s web page also does not list James P. Gray for vice-president. Presumably the state has also disqualified all the Michigan Libertarian Party presidential elector candidates, even though it has not said that formally. In 1960, Michigan permitted voters to cast votes for an unpledged slate of presidential electors, who were running for the Independent American Party, a party that only existed in Michigan.