The Eighth Circuit has decided to hold an oral argument in Libertarian Party of Minnesota v Choi, 20-2244. The issues include the law that requires all non-presidential independent petitions to be completed in two weeks, and the law that says the signer of the petition does not expect to vote in any upcoming primary on the same office for which the petition concerns. That law cannot be enforced because, of course, Minnesota and all states has a secret ballot.
Min legis — ONLY divided State legis at moment.
TOTAL pressure from both gangs in Devil City to rig election results.
If the article is correct as written the law could be enforced. What’s secret is who someone votes for in a primary, not whether they voted in the primary at all. But perhaps the author didn’t quite state that right?
Plaintiff lawyers able to detect EQUAL in 14-1 AMDT ???
— EQUAL BALLOT ACCESS TEST(S) FOR ALL INDIVIDUAL candidates for SAME office in SAME election area.
EACH ELECTION IS NEW — NOT CONNECTED TO ANYTHING SINCE THE ALLEGED BIG BANG
– EXCEPT THE NUMBER OF ACTUAL VOTERS AT THE LAST ELECTION IN SUCH AREA.
Gerald – the two aspects being challenged are non-presidential candidate having to petition in a 2-week window while candidates for President get about 88 days. Since petitioning candidates from third parties do not participate in the primary process there is no reason to tie their petitioning length (that two week window) to the primary – which is what that window does for major party candidates.
The other piece is a voter’s attestation that in signing a ballot access petition they do not “intend” to vote in the upcoming primary for that office. It is unenforceable on at least three points; a) the petitioning period is in May with an August primary, it would be nearly impossible to tie someone’s intentions at a given moment in May with their subsequent actions in August, b) More importantly, the primary ballot will almost always have more than one office on it meaning that I can still vote in the primary and leave an office blank (because I signed a petition for that office several months back) and there is not way to know if I voted in that office or not. At an extreme, I could sign petitions for every office listed on the ballot – go “vote” in the Primary and simply turn in a fully blank ballot (having not voted for any office in which I signed a petition) and, c) most importantly for the Presidential election – that primary is held BEFORE petitioning even starts. The oath does specifically states “upcoming election”. So, the oath, for Presidential petitions, is either invalid or is applicable to the Presidential primary election being held 3 years and some 9 months into the future.
Thank you, Phil.
https://dockets.justia.com/docket/minnesota/mndce/0:2019cv02312/182242
https://kstp.com/politics/libertarian-party-of-minnesota-files-lawsuit-argues-state-laws-keep-candidates-off-election-ballot/5488598/
https://www.courtlistener.com/docket/16094880/libertarian-party-of-minnesota-v-simon/
https://ballot-access.org/2020/06/25/minnesota-libertarian-party-appeals-ballot-access-decision/
Minnesota has secret affiliation. A voter is given a primary ballot and selects the party in private.
The Libertarian Party also asserts that the oath has a chilling effect on free speech, since violation of the oath is perjury. It doesn’t matter that Minnesota admits that the oath is unenforceable.
Minnesota should eliminate partisan primaries. Have a minimum petition requirement. If more than 10 candidates file for an office, have an extended filing period, and have the Top 10 petioners appear on the ballot.
I don’t take orders from you