On March 25, the Arkansas Libertarian Party launched its petition drive to regain its qualified party status. Here is a copy of the petition. Arkansas law requires such petitions to be completed in three months. It requires 10,000 signatures.
The petition wouldn’t be necessary if the party had polled enough votes in November 2016, but the vote test requires 3% for President (in presidential years) or 3% for Governor (in gubernatorial years). In 2016 Gary Johnson got 2.64% in Arkansas.
The state legislature has been asked several times to modify the vote test so that it is not so onerous. For example, if the law required 3% for any statewide race, the Libertarian Party (and also the Green Party, which has been qualified in Arkansas in the recent past) would easily have remained on the ballot. In 2016, the Libertarian nominee for U.S. Senate, Frank Gilbert, polled 3.96%. In 2014, six statewide Libertarian nominees polled over 3%.
Because the Libertarian Party will be a “new” party when it completes its 2018 petition, it will nominate by convention. If it had remained on the ballot after the November 2016 election, by contrast, it would be required to nominate by primary. Ironically, if it nominated by primary in 2018, anyone who wants a Libertarian nomination would need to file by February 2018. But because the party will nominate by convention in 2018, it can recruit candidates as late as March 2018 and then decide whether to nominate them by May.
Richard, how many states is the Libertarian Party guaranteed a ballot spot in 2020 for President?
Clay the results of 2018 governor races matter in nearly every state that actually has one. Only a handful (probably less than 5) grant ballot access for more than 2 years.
Some other states also qualify by voter registration, by being organized, by holding a primary, or by any statewide office on the ballot or some combination of votes. There are probably about 25-30 states that the Libertarians can reasonably rely on not having to petition in in 2020, unless their popularity in elections somehow craters dramatically in 2018. There are a few others which require a few hundred or a thousand or two valid signatures. There are perhaps a dozen which will need a significant petition drive for 2020; exactly how many will depend on 2018 results, legal and legislative actions between now and then, voter registration drives, etc.
States in which a party is safely on the ballot for 4 years after it meets the vote test are: California, Colorado, Indiana, Kentucky, Minnesota, Missouri, Montana, Nebraska, New York, North Carolina, Ohio, Oregon, Rhode Island, South Dakota, Texas if the vote test is the 2% gubernatorial test, Utah, Virginia, Washington, West Virginia, Wisconsin.
In addition, states in which the party is on for 4 years after it successfully petitions are Arizona and Maryland.
Richard, Do candidates from all parties that nominate by primary have to file by February or only those outside the Duopoly?
Thanks for your work!
Based on Johnson’s vote, I think the LP has 2020 Presidential ballot access in: Alaska, Colorado, Connecticut, Kentucky, Missouri, Montana, North Carolina, Oregon, and Utah. Hawaii I think is good for the next five elections. Some states, like California and Delaware, are based on voter registration and I think those are currently qualified. Some states, like South Carolina and Florida, might just need to keep filing paperwork. West Virginia I think became qualified for 2020 based on the 2016 Gubernatorial election.
Might be more.
Paul, Arkansas law currently requires non-presidential independent candidates to file their petitions in February, but that deadline is being challenged in the 8th circuit. In 1977, when Arkansas had an April petition deadline for non-presidential independents, a 3-judge US District Court struck it down and then the US Supreme Court summarily affirmed that decision. Lendall v Jernigan. The legislature moved it to May but then in 1987 forgot why it had done that and moved it to January. In 1988 the same candidate, Jim Lendall, challenged it again, and the court struck it down again. So the legislature moved it to May. But then the legislature forgot why it had done that and in 2013 moved it to February. So another lawsuit was filed and is pending, Moore v Martin.
One clarification: the new law passed this session allows us to have our convention as late as May, but any candidates that we nominate at the convention have to be registered with the Secretary of State’s office in early March, so that puts an earlier time-constraint on candidate recruiting.
– Michael Pakko, Chair, Libertarian Party of Arkansas
Thank you, Michael. I amended the post.
It appears the Libertarians are on 37 ballots + DC, as of today. https://www.lp.org/2018-libertarian-ballot-access-map/