Nevada Law on Whether Independent Presidential Petitions Must Include a Vice-Presidential Candidate is Ambiguous

As has been reported, the Robert F. Kennedy, Jr., independent presidential petition in Nevada was circulated without a vice-presidential candidate listed.

The Nevada law says, “298.109. A person who desires to be an independent candidate for the office of President must file with the Secretary of State a declaration of candidacy and a petition of candidacy, in which the person must also designate a nominee for Vice President.”

The law also says the candidate must file a copy of the petition before the petition is circulated.

The Kennedy campaign filed a copy of their petition with the Secretary of State before it was circulated, and the Secretary of State’s office approved the petition even though it didn’t list anyone for vice-president. Then, in an abundance of caution, the campaign again asked the Secretary of State is a vice-presidential candidate was needed, and was told that it was not. The Secretary of State’s response is in writing.

It is possible to read the law to mean that the vice-presidential candidate’s name is required on the declaration but not the petition. The use of the word “in”, instead of “on”, suggests this idea.

Before 1993, the law said, “A person who desires to be an independent candidate for President must file with the Secretary of State a certificate of candidacy, in which he may also designate his nominee for Vice President. The certificate must be signed by the candidate for President, his nominee for Vice President if designated, and…” (the remainder of the sentence contains the number of signatures required).

In 1980, John Anderson’s Nevada petition did not list anyone for vice-president. Also in 1992, Ross Perot’s Nevada petition did not list anyone for vice-president. The Perot petition had a blank line for vice-president.


Comments

Nevada Law on Whether Independent Presidential Petitions Must Include a Vice-Presidential Candidate is Ambiguous — 12 Comments

  1. DO ANY STATES PAY ANY ATTENTION TO 1954 BROWN V BD OF ED IN ELECTION AND NON-ELECTION SUBJECT MATTERS ???

  2. FAILURE IN LAWS TO USE (1), (2) ETC AND/OR (A) (B) ETC.

    UNCONST RESULT- VOID FOR VAGUENESS

  3. Again with Brown, which has absolutely nothing to do with this. The bot needs to go.

  4. Yes, about half the states do not require an independent presidential candidate to list his or her v-p candidate.

  5. What is the basis for any state being allowed to require a VP pick?

    States do not have the same rights to restrict presidential candidates as they do other candidates, because the Supreme Court has ruled repeatedly that a “patchwork” of state ballot access rules for presidency is unacceptable, yet is OK for other things (like abortion).

  6. States have a patchwork of ballot access laws, and that’s been the case as long as there have been ballots, to my knowledge. What am I missing?

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