June 2024 Ballot Access News Print Edition

MINNESOTA SUPREME COURT REMOVES LEGAL MARIJUANA NOW PARTY FROM THE BALLOT

On May 10, the Minnesota Supreme Court issued an opinion in Martin v Simon, A24-0216.  It immediately removes the Legal Marijuana Now Party from the ballot, even though the party has already had a government-administered presidential primary this year and was about to have a primary for Congress and partisan state offices on August 13.  The deadline for candidates to file in that primary is June 4.

The Legal Marijuana Now Party was the only ballot-qualified party in Minnesota, other than the Democratic and Republican Parties.  It was on the ballot because it had polled over 5% for U.S. Senate in 2020.  The law says when a party passes the vote test, it is on the ballot for the next two elections.  Last year the legislature increased the vote test from 5% to 8%, but made that effective after November 2024, so the party was on the ballot until the Minnesota Supreme Court removed it.  Now Minnesota becomes one of only twelve states with no ballot-qualified third parties.

The lawsuit had been filed by officers of the Minnesota Democratic Party.  The basis for the decision is that the Legal Marijuana Now Party’s internal structure does not meet the requirements of state law.

However, in 1989, the U.S. Supreme Court unanimously ruled that political parties have a freedom of association right to decide for themselves what their structure should be.

The U.S. Supreme Court decision said that if the California Libertarian Party didn’t want to structure itself with a state central committee composed of county central committees, that was a decision for the party, not the state.

The Libertarian Party did not want to base its structure on counties.  Instead it wanted to use regions of its own choosing.  That case was Eu v San Francisco County Democratic Central Committee, 489 U.S. 214.  The Libertarian Party was the only state party in that case.  The other plaintiffs were various Democratic and Republican county parties.

Unfortunately, ten years before the Eu decision, the U.S. Supreme Court had ruled in a Washington state case that if the state wanted parties to have a state central committee with two members from each county, the state could require that.  That case was Marchioro v Cheney, 442 U.S. 191.  That decision is only eight pages.  It says the law could survive because it didn’t do any harm to the Democratic Party.  That is because the party was free to have bylaws stripping the State Central Committee of any power.

The Minnesota Supreme Court seized on the Marchioro decision to uphold the Minnesota law that dictates party structure to parties, even though the Marchioro decisions is considered obsolete, and implicitly reversed by the later Eu decision.  In fact, Marchioro is the only decision even mentioned in the Minnesota Supreme Court’s summary of its own decision.  Later in the text the Minnesota Supreme Court mentioned the Eu decision, but did not explaian why it didn’t follow Eu.

The Minnesota Supreme Court has seven members.  Six of them were appointed by Democratic Governors.   The vote was unanimous, although two judges did not participate.

The Minnesota Supreme Court rejected the argument that it violates due process to make ballot access more difficult in the middle of the election season.  However, it did not mention any of the precedents that say that:  Libertarian Party of Ohio v Husted (2014); Blomquist v Thomson (1984); Fulani v Austin (1988); and especially Hudler v Austin (1976), which was summarily affirmed by the U.S. Supreme Court.  The Minnesota Supreme Court did mention Purcell v Gonzalez (2006), in which the U.S. Supreme Court said courts should not make last minute changes to election rules.  But the Minnesota Supreme Court said that doesn’t apply to state courts.

The party may ask the U.S. Supreme Court to put it back on the ballot.


GEORGIA GOVERNOR SIGNS BILL EASING PRESIDENTIAL ACCESS

On May 7, Georgia Governor Brian Kemp signed SB 189, which says that a party that is on the ballot for President in twenty other states is automatically on in Georgia for president.  This will help the Green Party and the Constitution Party this year.

The new law means that Georgia no longer requires a minor party to have any support inside Georgia and yet it can still be on for President.  Yet the Georgia law requires minor parties to complete massive petitions for all other offices.  No other state has ever had a system with that characteristic.  On May 21, the Libertarian Party pointed this out to the U.S. District Court that is considering a challenge to the petition requirements for U.S. House (Cowen v Raffensperge).


ALABAMA IMPROVES FILING DEADLINE

On May 2, Alabama Governor Kay Ivey signed SB 324, which moves the deadline for a qualified party to certify its presidential nominee from August 15 to August 23.  It also moves the petition deadline for independent presidential candidates from August 15 to August 23.


PRESIDENTIAL DEBATES

On May 15, CNN announced that President Joe Biden and former President Donald Trump had agreed to debate each other on June 27, in Atlanta.  The sponsor will be CNN, which is keeping the same rules on how minor party and independent candidates can qualify that the old Commission on Presidential Debates had used.  Those rules are: (1) be on the ballot in enough states to theoretically win; and (2) be at 15% in at least four polls.  CNN listed thirteen eligible polls:  ABC News, CBS News, CNN, Fox News, Marquette University Law School, Monmouth University, NBC News, NY Times-Siena College, NPR-PBS-News-Hour, Marist College, Quinnipiac University, Wall Street Journal, and Washington Post.

The rules for being on the ballot in enough states to win are not thoughtful, because neither Biden nor Trump will be on the ballot in any state as of June 20, the deadline for qualifying.  They won’t be on any November ballot until their parties nominate them, and that doesn’t happen until July and August.


ILLINOIS BALLOT ACCESS WIN

On May 22, an Illinois state trial court granted an injunction in Collazo v Illinois State Board of Elections, 2024CH000032.  The injunction preserves the ability of qualified parties to nominate someone after the primary is over.  The Illinois legislature had abolished the procedure, and made the change effective immediately.  The Illinois Republican Party had been expecting to use it this year, and argued that due process does not permit states to make ballot access more restrictive, and make the change effective immediately, if the change is made in the middle of the election season.  The lawsuit is not over, but for the time being, the Republican Party can use the post-primary procedure.


OTHER LAWSUIT NEWS

Louisiana:  on May 15, the U.S. Supreme Court settled the lawsuit (for the 2024 election) over U.S. House district boundaries.  Robinson v Callais, 23A994.   It did that by staying a decision of a lower court that had set aside the legislature’s latest plan.  The U.S. Supreme Court said the lower court should not have tried to upset the latest plan so close to the 2024 election.

Michigan:  on May 22, a state trial court ordered an officer of one faction of the Libertarian Party to send a revised list of delegates to the party’s national convention to the national party’s credentials committee.  Buzuma v Chadderdon, Cheyboygan County Circuit Court, 24-9042-cz.  The national convention is May 24-26.

Missouri:  on May 17, a state trial court ruled against the Republican Party, on the issue of whether the party could exclude Darrell McClanahan from its primary ballot.  He wants to run for Governor, but the party argued it had a freedom of association right to exclude him, because he is an honorary member of the Ku Klux Klan.  Missouri Republican Party v Secretary of State, Cole County Circuit Court, 24AC-CC02151.

New Mexico:  on March 29, U.S. District Court Judge James O. Browning, a Bush Jr. appointee, ruled that the National Voter Registration Act of 1993 requires New Mexico to release the list of registered voters to the public.  Voter Reference Foundation v Torrez, 1:22cv-0222.

New York:  on May 14, the Second Circuit heard Meadors v Erie County Board of Elections, 23-1054.  This is the challenge to the May petition deadline.  If the judges invalidate the deadline, that might come in time to help various petitioning minor party presidential candidates get on the ballot this year.


PRESIDENTIAL PRIMARY RESULTS, PRIMARIES IN APRIL AND MAY

Although Delaware was scheduled to have a presidential primary on April 2, it was cancelled because there was only one name on each party’s ballot.  The only remaining presidential primaries are on June 4 in D.C., Montana, New Jersey, New Mexico, and South Dakota.  In the chart below, PR means Puerto Rico.  The turnout there is very small because the government can’t afford to have more than 100 polling locations.  The Oregon results will be in the next B.A.N.  “NONE” means uncommitted.

DEM. CT IN KY MD NE NY PR PA RI WV WI
Biden 55,697 178,074 131,439 460,914 79,891 276,825 3,296 945,712 21,336 67,761 512,379
Lyons 7,342
Palmer 11,008
Phillips 578 8,741 6,744 8,862 10,918 165 69,307 660 7,176 17,730
Uygur 317
Williamson 1,497 11,188 10,317 14,866 230
NONE 7,489 32,905 53,393 3,834 48,373
Write-ins 60,445 593 4,045
REP.
Binkley 194 900
Christie 2,458 6,438 154 9,771
DeSantis 1,282 7,798 178 20,124
Haley 6,230 128,170 16,227 54,692 37,116 20,733 158,178 1,371 21,123 76,841
Johnson 3,808
Ramaswam 1,640 1,628 40 5,200
Trump 34,726 461,673 214,932 203,125 165,323 131.710 992 792,692 10.898 198,436 477,103
NONE 2,164 8,979 39 257 13,057
Write-ins 6,677 118 2,081
LIBT.
Ballay 237
Hornberg. 192
Mapstead 172
Oliver 294
Rectenwald 119
ter Maat 64

VOTER REGISTRATION TOTALS

Parties in the “other” column, and their registration, are:  Alaska:  Alaskan Independence 18,729; Moderate 388; Progressive 256; Patriots 219; Owl 97; Alliance 66; Aurora 4.  California:  American Independent 834,730; Peace & Freedom 138,238; Common Sense 22,029.  Colorado:  Approval Voting 4,721; Unity 3,134; Center 1,558; Forward 87.  Connecticut:  Independent Party 29,136; We the People 19.  Delaware:  Independent Party 10,722; Non-Partisan Party 1,165; Conservative 790; American 520;  American Delta 462; Socialist Workers 135; Mandalorian 92; Natural Law 79; Reform 47.  Florida:  Independent Party 242,330; Conservative 19,903; Boricua 5,974; Coalition with a Purpose 3,283; Ecology 2,919; Socialism & Liberation 1,894; People’s 1,321.  Kentucky:  Socialist Workers 592; Reform 209.  Louisiana:  Independent Party 136,125; Reform 823; Conservative 794; American Solidarity 103; Socialist 85; Forward 31; Socialism & Liberation 5.  Massachusetts:  United Independent 14,469; Socialist 1,615; We the People 481; Workers 183; Reform 113; Natural Law 54; Prohibition 19.  Nebraska:  Legal Marijuana Now 6,684.  New Jersey:  Conservative 14,649; Socialist 7,845; Natural Law 5,652; Reform 1,577.  New York:  Conservative 154,128; Independence 322,070; SAM 428.  Oregon:  Independent Party 143,868; Progressive 3,768.  Utah:  Independent American 69,603; United Utah 2,414; Forward 63.

Dem. Rep. Indp, misc Lib’t. Green Consti. Wk Fam NoLabe other
Alaska 73,694 143,165 347,037 6,659 1,515 779 ? ? 19,121
Arizona 1,192,205 1,434,982 1,369,644 31,164 2,796 ? ? 27,529 – –
Arkansas 86,231 131,647 1,543,863 700 104 ? ? ? – –
Calif. 10,285,108 5,388,469 5,022,697 240,618 102,659 271 ? 42,039 995,462
Colorado 1,006,438 903,079 1,850,286 37,315 8,280 11,245 ? 7,969 9,500
Conn. 798,205 466,908 919,524 2,996 1,350 ? 298 ? 29,155
Delaware 350,955 205,909 197,756 2,028 718 238 314 1,768 14,012
Dt. Col. 348,104 22,955 76,566 ? 3,874 ? ? ? – –
Florida 4,346,491 5,239,600 3,530,804 35,357 7,841 16,434 ? 8,355 278,120
Idaho 125,635 585,977 274,301 11,319 ? 4,194 ? ? – –
Iowa 461,184 567,110 382,820 7,543 1,544 0 0 0 – –
Kansas 503,972 874,132 563,482 24,151 0 0 0 39 0
Kentucky 1,511,342 1,615,451 343,341 16,391 2,403 1,376 ? ? 801
Louis’na 1,133,813 1,021,571 665,154 15,839 2,583 154 0 2,296 137,966
Maine 341,925 281,904 275,560 5,236 36,724 ? ? 9,677 – –
Md. 2,208,095 994,529 958,276 18,836 5,203 ? ? 234 – –
Mass. 1,336,825 415,438 3,167,286 16,307 3,599 292 722 ? 16,934
Nebraska 330,657 605,466 271,568 18,036 ? ? ? ? 6,684
Nevada 602,917 570,283 706,893 16,465 ? 86,677 ? ? – –
N. Hamp. 260,281 304,375 325,920 ? ? ? ? ? – –
N. Jersey 2,494,013 1,559,327 2,416,960 25,118 11,460 13,041 ? ? 29,649
N. M. 578,384 415,318 318,810 15,056 7,606 544 1,829 ? – –
N. York 5,778,841 2,695,185 2,887,960 17,330 18,153 ? 49,586 ? 476,626
No. Car. 2,403,828 2,233,774 2,742,932 50,102 2,056 ? ? 7,799 – –
Okla. 649,432 1,214,774 449,488 22,365 ? ? ? ? – –
Oregon 994,493 722,216 1,125,207 20,409 7,906 3,896 8,387 2,183 147,636
Penn. 3,895,223 3,499,524 1,273,199 42,919 10,326 ? ? ? – –
Rhode Is. 281,725 103,268 338,629 ? ? ? ? ? – –
So. Dak. 144,462 302,585 150,263 2,917 ? 259 ? 19 –          –
Utah 231,109 898,953 472,582 20,903 42 6,942 ? 2,095 72,080
W. Va. 358,056 477,549 332,375 10,800 2,543 106 ? ? – –
Wyo. 23,787 178,387 15,875 1,057 0 343 ? 14 – –
TOTAL 45,137,430 36,073,810 35,317,058 735,936 241,285 146,791 61,136 112,016 2,233,746
Percent 37.60% 30.05% 29.42% .61% .20% .12% .05% .09% 1.86%

Totals October 2020:  Democratic 47,106,084 (39.67%), Republican 35,041,482 (29.51%), independent & miscellaneous 33,696,700 (28.38%), Libertarian 652,261 (.55%), Green 240,222 (.20%), Constitution 129,556 (.11%), Working Families 49,758 (.04%), Reform 9,004 (.01%), other parties 1,814,973 (1.53%).

Totals October 2016:  Democratic 45,690,825 (40.60%), Republican 33,052,332 (29.37%), independent & miscellaneous 31,200,104 (27.72%), Libertarian 497,535 (.44%), Green 256,560 (.23%), Constitution 92,483 (.08%), Reform 5,294 (.00+%), Working Families 61,517 (.05%), other parties 1,662,329 (1.50%).

Totals October 2012:  Dem. 43,512,746 (41.85%), Rep. 31,298,863 (30.10%), indp. & misc. 26,808,810 (25.79%), Libertarian 330,811 (.32%), Green 250,682 (.24%), Constitution 77,918 (.07%), Reform 22,880 (.02%), Americans Elect 6,408 (.01%), other parties 1,659,537 (1.60%).

Totals October 2008:  Dem. 43,933,901 (43.62%), Rep. 30,944,590 (30.72%), indp. & misc. 24,157,259 (23.98%), AIP/Constitution 438,222 (.44%), Green 255,019 (.25%), Lib’t. 240,328 (.24%), Reform 32,961 (.03%), other parties 675,980 (.67%).

Totals October 2004:  Dem. 37,301,951 (42.19%), Rep. 28,988,593 (32.79%), indp. & misc. 20,471,250 (23.15%), Constitution 320,019 (.36%), Green 298,701 (.34%), Lib’t. 235,521 (.27%), Reform 63,729 (.07%), other  695,639 (.83%).


2024 PRESIDENTIAL PETITIONING

State Requirements Signatures or Registrations Obtained Deadline
Full Party Candidate Libertarian Green Constitut. RFK Jr. West
Ala. 42,458 5,000 0 *500 0 700 *500 *Aug. 23
Alaska (reg)   5,000 3,614 already on *finished already on *6,000 already on Aug. 7
Ariz. 34,116 (es) #43,000 already on already on 0 *8,000 *1,000 Aug. 17
Ark. 10,000 5,000 already on already on 0 *3,000 *200 Aug. 1
Calif.   (reg) (es) 75,000 219,403 already on already on 271 *already on 0 Aug. 9
Colo. 10,000 12,000 already on already on  already on 0 already on Aug. 7
Conn. no procedure #7,500 already on *2,000 0 *5,000 0 Aug. 7
Del.  *(reg) 769 *7,690 already on *718 *finished *already on *100 Aug. 20
D.C. no procedure  (est.) #5,200 can’t start already on can’t start can’t start can’t start Aug. 7
Florida 0 145,040 already on already on already on *3,000 0        Sept. 1
Georgia 69,884 #7,500 already on *already on 0 *8,000 0 July 9
Hawaii 862 *5,798 already on already on 0 already on *50 Aug. 7
Idaho 17,359 1,000 already on already on already on *finished 0 Aug. 30
Illinois no procedure #25,000 *2,500 *200 0 *67,000 0 June 24
Indiana no procedure  #36,944 already on *1,500 0 *14,000 *2,000 July 1
Iowa no procedure #3,500 already on 160 0 finished 0 Aug. 16
Kansas  20,180 5,000 already on 450 0 *4,000 0 Aug. 5
Ky. no procedure #5,000 *900 100 0 0 0 Sept. 6
La.  (reg) 1,000 #pay fee already on already on 161 0 0   Aug. 23
Maine (reg) 5,000 #4,000 already on already on 0 *4,000 0 Aug. 1
Md. 10,000  10,000 already on 3,600 0 *13,000 *500 Aug. 5
Mass. *(reg) 47,816 #10,000 already on *3,000 (reg) 330 *8,000 *1,000 July 30
Mich. 44,478 *12,000 already on already on already on *already on *2,000 July 18
Minn. *125,534 #2,000 0 0 0 0  0 Aug. 20
Miss. be organized 1,000 already on already on already on organizing 0 Sept. 6
Mo. 10,000 10,000 already on *9,700 *2,000 *13,000 *800 July 29
Mont. 5,000 #5,000 already on already on 0 2,000 0 Aug. 14
Nebr. 6,605 2,500 already on 0 0 finished *200 Aug. 1
Nev. 10,096 10,096 already on finished already on disputed *300 July 5
N. Hamp. 18,575 #3,000 0 50 0 *finished *60 Aug. 7
N.J. no procedure #800 0 *300 *200 *finished 200 July 29
N. M. 3,562 3,562 already on already on 0 *2,500 *100 June 27
N.Y. no procedure #45,000 *2,700 *60,000 *too late *finished *2,500 *in court
No. Car. 13,757 82,542 already on already on finished *finished *finished May 18
No. Dak. 7,000 4,000 *already on 0 0 1,000 0 Sept. 3
Ohio 40,345 5,000 finished *9,000 0 finished 0 Aug. 7
Okla. 35,592 pay fee already on 0 0 *already on 0 July 15
Oregon 29,294 23,737 already on already on already on 0 already on Aug. 27
Penn. no procedure   #5,000 *3,000 *2,000 0 0 *1,500 Aug. 1
R.I. 17,884 #1,000 0 0 0 0 0 Sept. 6
So. Car. 10,000 10,000 already on already on already on *4,000 already on July 15
So. Dak. 3,502 3,502 already on 0 0 *3,000 0 Aug. 6
Tenn. 43,498 275 in court 0 *50 0 Aug. 20
Texas  81,030 113,151 already on already on *too late finished *too late *May 28
Utah 2,000 #1,000 already on already on already on already on already on *June 1
Vermont be organized #1,000 already on *500 0 *1,000 already on Aug. 1
Virginia no procedure #5,000 *5,000 *2,500 *400 *5,000 *400 Aug. 23
Wash. no procedure #1,000 *0 *0 *0 *500 *0 July 27
West Va. no procedure #7,948 already on already on *1,000 *2,000 *50 Aug. 1
Wisc. 10,000 #2,000 already on already on already on 0 0 Aug. 6
Wyo. 3,879 3,879 already on 0 already on *1,000 *20 Aug. 27
Total States On 37 *22 12 *6 6

#partisan label permitted. “Organizing” refers to qualifying a party in the states that don’t require a petition for that. “Deadline” column shows the deadline for the latest way to get on.   * means entry changed since the May 1 issue.


QUALIFIED PARTIES IN CALIFORNIA AND DELAWARE NOMINATE KENNEDY

On April 29, the American Independent Party nominated Robert F. Kennedy, Jr. for President.  And on May 7, the Independent Party of Delaware nominated him.  Both parties are on the ballot in their respective states.

These nominations are immensely helpful to the Kennedy campaign, because now it doesn’t need to qualify its own proposed party, the We the People Party, in either state.  In California, it would have needed approximately 75,000 registered members; in Delaware, 769 members.

The American Independent Party has been on the ballot in California since 1968.  It is the longest continuously ballot-qualified party in any state, except for the Republican and Democratic Parties of each state, and the Conservative Party of New York, which qualified in 1962.  The AIP has always run a presidential candidate.  In 2020, it ran Rocky De La Fuente, who was the Alliance Party nominee nationally.

The Independent Party of Delaware has been on the ballot since 2000.  The only presidential candidate it had previously nominated had been Ralph Nader, in both 2004 and 2008, when Nader was running as an independent.


LIBERTARIAN CONVENTION TO BE ATTENDED BY TRUMP AND KENNEDY

The Libertarian presidential convention will be in Washington, D.C., May 24-26.   This issue of B.A.N. is being written before the convention.  On May 1, former President Donald Trump said he would attend and would answer questions.  On May 7, Robert F. Kennedy, Jr., said he would also be at the convention.

No former president has attended the presidential convention of a minor or new party since 1912, when Theodore Roosevelt attended the national convention of the Progressive Party, a party he himself had helped create.

The next B.A.N. will carry a state-by-state chart showing the convention vote for president.


QUALIFIED PARTY IN VERMONT NOMINATES CORNEL WEST

On April 28, the Green Mountain Peace & Justice Party, which is on the ballot in Vermont, nominated Cornel West for President.  It has always run a presidential candidate since it was formed in 1972.  U.S. Senator Bernie Sanders, an independent, was once a leader of the party, which back then was called Liberty Union.


BETTER PARTY GAINS QUALIFIED STATUS IN MISSOURI

The Better Party is now ballot-qualified in Missouri.  It exists only in that state.  It is the first qualified one-state party in Missouri since 1924, when there was a Liberal Party on the Missouri ballot.  The Best Party probably won’t run anyone for President, but it will enter the gubernatorial race.


NATURAL LAW PARTY NOW QUALIFIED IN FLORIDA

The Natural Law Party has regained its qualified status in Florida, which it had held from 1999 until 2004.  It is not known if it will nominate anyone for President.


NO LABELS ASKS WISCONSIN TO REMOVE IT FROM BALLOT

On May 8, the No Labels Party asked the Wisconsin Election Board to remove it from the ballot.  The Board hasn’t decided yet whether to honor this request.  If it denies the request, any Wisconsin adult citizen is free to file to run for Congress, state office, or local partisan office, in the party’s primary.  Filing for the primary closes June 1.


SOCIALIST WORKERS PARTY ALTERS ITS VICE-PRESIDENTIAL NOMINEE

On April 29, the Socialist Workers Party announced that its vice presidential nominee, Margaret Trowe, had resigned from the ticket for health reasons.  The replacement VP is Dennis Richter, of Texas.


Comments

June 2024 Ballot Access News Print Edition — 4 Comments

  1. WILL MERE ELECTION LAW CASES [ESP FROM A MINOR PARTY] GET ANY ATTENTION OF SCOTUS AND ITS WORN OUT CLERKS DURING THEIR SUMMER VACATION ???

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