According to this article, the South Carolina Libertarian Party will file a challenge to the general election ballot position of James Smith, who won the Democratic primary in June for Governor. South Carolina law says that if a candidate seeks the nomination of two or more parties, and any party rejects him or her, then the candidate cannot be the nominee of any party. See this story.
Probably the South Carolina Libertarian Party wants to lose this challenge. Losing the challenge would establish a favorable precedent, and demonstrate that the law is unclear, impractical, and senseless. No other of the ten fusion states has a similar law. The ten states that permit fusion in some circumstances are Connecticut, Idaho, Massachusetts, New Hampshire, New York, Oregon, Pennsylvania, South Carolina, and Vermont. States that have had fusion in the past 25 years, but no longer have it, are Arkansas, California, Delaware, South Dakota, and Utah. None of those states had a South Carolina-type restriction either.
The type of fusion allowed in NH is really odd. A candidate is not able to file to be a candidate for multiple parties, and can only be “fused” by winning another parties primary as a write-in (minimum of 35 votes required). However if the candidate loses the primary for the party for which they filed candidacy papers they are prohibited from being the nominee of another party.
eg: if a Republican is running for State Rep in a district without a Dem challenger, but loses the GOP Primary they are not able to be the Dem nominee even if they received the most votes and the minimum number required by law.
Gerrymander hacks on major drugs when the NH fusion law was slammed together ???
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PR – fusion possible for marginal seats between parties.
The fundamental problem is that parties are granted state-recognized nomination rights. Eliminate that and let candidates run as individuals, and political parties would be free to independently or jointly support a candidate.
Again —
ALL or SOME PUBLIC Electors doing PUBLIC nominations of candidates for PUBLIC offices.
Maine allows fusion in some circumstances?
What circumstance is that?
Shawn, thank you. Maine should not have been on the list. I had been thinking it had it via write-ins in the primary that the candidate is not a member of, as in New Hampshire, Massachusetts, and Vermont. But I was wrong. I fixed the post.