Two Rival Slates of Statewide Libertarian Candidates are Circulating Petitions in New Hampshire

Two rival slates of statewide candidates are circulating petitions in New Hampshire, both with the ballot label “Libertarian”. One slate is composed of Karlyn Borysenko for Governor and Jeremy Kauffman for U.S. Senate. They were nominated at the January 2022 state convention.

The other slate is composed of Kelly Halldorson for Governor and Kevin Kahn for U.S. Senator.

New Hampshire election law has no means for an unqualified party to protect its party label. Thus, it is possible for the same label to be used by two different candidates for the same office. In 2008, the New Hampshire Libertarian Party filed a federal lawsuit, arguing that the Freedom of Association part of the First Amendment requires states to provide name protection for unqualified parties, but that lawsuit lost.

It seems reasonable that the vote for the two slates could be added together, to determine if the Libertarian Party meets the vote test in 2022. New Hampshire defines a political party this way: “‘Party’ shall mean any political organization which at the preceding state general election received at least 4 percent of the total number of votes cast for any of the following: the office of governor or the offices of United States Senators.” If the combined Libertarian vote for Governor, or for U.S. Senator, equals 4%, then the party would be entitled to its own primary in 2024, and the internal split in the party, if it still exists in 2024, would be handled with a contested primary.

The deadline has already passed for Declarations of Candidacy, so it is possible to know now that the only non-major party candidates for Governor in 2022 will be the two Libertarians. However, for U.S. Senate, besides the two Libertarians, there are some independent candidates circulating petitions.


Comments

Two Rival Slates of Statewide Libertarian Candidates are Circulating Petitions in New Hampshire — 56 Comments

  1. They are not the same organization, so combining their votes would not work, despite having the same name. That’s like saying that if there are two businesses with the same generic name like “budget motel” but completely separate ownership you can combing their net revenues to figure out how successful they are. That is just not how it works legally or logically.

  2. Does the state law in NH require the state to recognize a party’s organization? If so does it specify what party organization qualifies for recognition?

  3. There is no law in New Hampshire about the details of the organization of an unqualified party. The state has no official knowledge of whether there are two organizations or not. All the state knows is the partisan label “Libertarian” is the same for both candidates. The state’s own briefs in the 2008 case confirm this.

  4. INDIVIDUAL CANDIDATES WITH / WITHOUT PARTY LABELS FOR *PARTISAN* LEGIS OFFICES —

    PART OF PR SYSTEM.

  5. The official candidates are the ones nominated to run by the LP of NH, Karlyn Borysenko and Jeremy Kauffman.

  6. Andy, from the viewpoint of the state, that is not true. The 2008 case established that the state will not look into such matters. In the 2008 case, the state Libertarian Party and the national Libertarian Party both filed the case, and said Bob Barr is the “official” Libertarian nominee for president, but it didn’t make any difference. The state policy is that they don’t pay attention to whether an unqualified party thinks of itself as “official” or not. Therefore the state printed George Phillies on the ballot as a Libertarian running for president, above the line on the ballot in which Bob Barr also appeared as a Libertarian running for president.

  7. Have to agree with Andy on the bottom line.

    And, have to disagree with Richard on the 4 percent and primary. Wouldn’t this force the LP NH to officially “recognize” people that were not recognized before, and be state interference in such? (New Hampshire has semi-closed primaries; I assume that, at least theoretically, a political party has the right to reject a would-be registrant’s claim to be a member of that party, on 1A grounds.)

  8. The 2008 case, Libertarian Party of New Hampshire v Gardner, wiped out freedom of association for unqualified parties in New Hampshire. The U.S. District Court and the First Circuit both agreed that unqualified parties in New Hampshire don’t have any such rights. Courts are very uneven on freedom of association for political parties. For example, read the blog post about Florida today. Anyone can read the 2008 New Hampshire decision. The US District Court cite is 759 F Supp 2d 215 (2010) and the First Circuit cite is 638 F 3d 6 (2011).

  9. It’s vanishingly unlikely that the candidates combined will get 4% for either office, nor would the Kauffman ticket even as the only Libertarians on the ballot, so it’s probably moot.

    Though it will be amusing if Kauffman the bigoted troll manages to get fewer votes than his Libertarian opponent, which is basically a random toss-up if they’re both on the ballot.

  10. Kauffman is the real Libertarian in the race. Kahn is a fraudulent fake Libertarian. Libertarians are supposed to be against fraud.

  11. Sarwark is backing the fake candidates, so you know they are corrupt and not real libertarians.

  12. Are Kauffman and Borysenko skilled at appealing to voters, and therefore getting a good vote?

  13. Richard, they are real libertarians. The other two are fakes. Party over principle, right? Not that you care since you support Biden.

  14. You didn’t answer the question. Is a “better candidate” someone who is capable of getting a good vote?

  15. “Are Kauffman and Borysenko skilled at appealing to voters, and therefore getting a good vote?”

    Yes.

    “Who made those disgusting remarks about Andy Gonzalez?”

    Yes. Truth hurts?

    “Kauffman and Borysenko are by far the better candidates.”

    Yes.

    “Sarwark is backing the fake candidates, so you know they are corrupt and not real libertarians.”

    Yes.

    “Kauffman is the real Libertarian in the race. Kahn is a fraudulent fake Libertarian. Libertarians are supposed to be against fraud.”

    Yes.

  16. “You didn’t answer the question. Is a “better candidate” someone who is capable of getting a good vote?”

    Not necessarily. Democrats and Republicans usually get more votes than Libertarians. Fake libertarians sometimes get more votes than real libertarians, and sometimes not. The maximum vote in one individual election is not the best test for what makes the best libertarian candidate. If it were, they could get a lot more votes in many electoral contests by running all sorts of non-libertarians and fake libertarians, but that is not supposed to be the purpose of the Libertarian Party, is it?

  17. My definition of a “better candidate” is a candidate who is persuasive. I hope all four Libertarians running for statewide office in New Hampshire are persuasive. There isn’t much point in running for public office if one doesn’t know how to persuade people.

  18. Richard Winger agrees with Nick Sarwark that the party should run Dick Cheney for president. More votes, right?

  19. On the principle of the matter, I don’t see a strong case that an unrecognized party—which is just a self-proclaimed private club that’s totally irrelevant as far the state’s concerned—should have any right to stop independent candidates from using a word as their ballot label. LPNH has no better claim to owning the word “Libertarian” than, say, five people gathering in somebody’s living room deciding they own the word “Constitution” or “Progressive” or whatever and thus can stop any candidate they don’t approve of from using it.

    The state has no basis to say any particular group of people are the “real” unqualified party and so they own the right to use a word in a ballot label. To do so would basically require creating some kind of new minor party status (which NH doesn’t have) and letting unqualified parties somehow qualify for that, through whatever procedure or vote test or petition. Otherwise you have the problem of any two or three people can say they’re the party and own the ballot label, or multiple groups saying they’re the real party and object to each other’s candidates, and the state has no way to tell them apart.

    In other words, the 2008 case seems rightly decided to me, and it’s a good free speech decision in favor of letting independent / unqualified party candidates freely pick their own ballot label, rather than a decision impinging on any freedom of association rights of an unqualified political party.

  20. Of course, you can say NH’s ballot access laws should be easier, that 4% is a relatively high vote test and it should be lower, and if it was lower (or the party petition easier) LPNH might now be qualified.

    But that’s a different question from if any random group of people with no process at all can proclaim they own the exclusive right to use a word as a ballot label. That would destroy the whole idea of letting independent / unqualified party candidates pick their own ballot label, because literally anybody could block any possible label on a whim. Fixing that would require adopting some kind of new statutory mechanism for who can qualify as a party to claim such a right, which isn’t something a court is going to try to craft and impose.

  21. Knapp is a fake libertarian who is a Sarwark lackey. For all we know he had a role in bringing in Bill Weld and attempting to steal New Hampshire.

  22. Sarwark said he would support George W. Bush’s vice president for president. Knapp would too. That tells you what kind of “libertarians” they are.

  23. “For all we know he had a role in bringing in Bill Weld and attempting to steal New Hampshire.”

    I voted against Weld’s nomination twice at the 2016 national convention, and called on the LNC to rescind his nomination after he campaigned against the party’s platform.

    And I was also very vocal against Jarvis’s coup attempt in New Hampshire.

    “Sarwark said he would support George W. Bush’s vice president for president. Knapp would too.”

    No only no, but f*ck no. In fact, when the LP nominated Bob Barr in 2008, I was the VP candidate for an actual libertarian ticket.

    Thanks for playing, you guys. Enjoy your copy of our home game and better luck next time.

  24. Knapp didn’t deny being a Sarwark lackey. That means he admits to supporting corruption and fake libertarians.

  25. If LPNH had put in the effort to maintain status as a recognized there would not be a possibility of competing slates, among other benefits.
    Also, it’s amusing to see people on here arguing with Richard over ballot access law.

  26. Knapp supports Sarwark, JBH, Bilyeu, Weld, GWB’s VP and Biden. All you need to know about how corrupt he is.

  27. more factions on the New Age left, right, middle ???

    Lots of wannabee big frogs in ye olde SMALL pond ???

  28. Leftists of all kinds should be dropped from h3licopters. When there’s not enough h3licopters or fuel for all the leftists, cheaper methods of disposal can be used. For example poison gas, mass drowning, mass live burial, locking a bunch of them in a structure and setting it on fire, etc. The bottom line is that any and all leftists need to be removed from among the ranks of the living as soon as possible. This includes the fake “libertarian” leftists.

  29. Biden is a communist. He is in China’s pocket. So is everyone in his illegitimate administration that was put into office through fraud orchestrated with the Chinese Communists and Ukrainian Nazi oligarchs because they did not like President Trump making America great again and President Putin making Russia the great Eurasian Union/Empire it was always meant to be. Now, Marxist Macron is losing his parliamentary stranglehold to the National Rally (National Front) and soon the restore of Europe will follow, Russia will win total victory in Ukraine and beyond, and Trump will be restored to his rightful office.

    We will make America great again, make Europe great again, make White Eurasia great again, and make all European based nations great again. Then we will defeat China and the dark skinned turd world hordes of savages and invaders and put them back in their place, along with the feminazis, islamofascists, greenie weenies, gender benders, sodomites, atheists, heathens, heretics, and sinister leftists of all kinds. We will restore the righteous rightwing natural order, a global pan-nationalist Christian theocratic feudal patriarchy. The evil plans of the sinister Satanists, Zionists, Marxists, Mohammetans, Chinamen, Illuminati, Globalists, Leftists, Left Hand Path, Liberals, Socialists, New Agers, New World Orders, Elitists, Egalitarians, Wiccans, and all the other enemies of God will be defeated. Read Revelations.

  30. All complaints aside over who’s a “real libertarian”…

    We’ll find out who has the better campaign this November.

  31. “Knapp supports Sarwark, JBH, Bilyeu, Weld, GWB’s VP and Biden”

    I often support Sarwark. Unless I think he’s wrong. Then I oppose him.

    I supported JBH and was disappointed with the results of doing so.

    I’ve had a grand total of one interaction with Bilyeu that I can recall, and my recollection was that it was negative. I thought she did a good job of chairing the first day of the national convention, but I’ve never voted for her for anything.

    I campaigned against Weld for the veep nomination in 2016, voted against him on every ballot at the convention, publicly called on the LNC to rescind his nomination after he campaigned against the platform, and put up a “not only no, but f*ck no” web site about him when there was talk of him seeking the 2020 nomination.

    I wouldn’t piss on Cheney or Biden if I saw them rolling around in the street on fire. I’ve never voted for either of them for any office, nor will I vote for either of them for any office in the future. Not even if the LP was dumb enough to nominate one of them (that’s one of the areas where I disagree with Nick).

    You’re a liar.

  32. There are only two sides. The righteous Right Wing side and the sinister leftist Left Hand Path. One serves God and the other serves Satan. There are no third or other sides and nothing in the middle. If you do not choose the right wing, righteous, right side, you are effectively on the side of the enemy (Satan) and will be treated accordingly. We will quite literally send you to hell where you belong. Only the Mises, Hoppe, Kauffman, Borysenko side represents the righteous right wing within the LPNH. And yes Trump will save America, and together with Putin, LePen, Farange and others will save Europe, Eurasia and the European-based Christian World Order, save our race and save the world, and make it great again. Amen!

  33. Knapp has admitted to being a fake libertarian by who he admits he supports. He’s still lying about Weld and the VPs and alleged current president.

  34. Alex quit hijacking Christ for your delusional aspirations. You whack job.

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