Independent U.S. House Candidate in New York Files Federal Lawsuit Against Number of Signatures

On February 3, Christopher Schmidt, an independent candidate for U.S. House in New York, filed a federal lawsuit against the 3,500 signature requirement for U.S. House independent candidates. He argues that the law is unconstitutional because primary candidates only need 1,250 signatures to run for U.S. House. Schmidt v New York State Board of Elections, n.d., 1:26cv-178. The case is assigned to U.S. District Court Judge Anthony Brindisi.

Many independent and minor party candidates have filed similar lawsuits over the past 50 years, but they always lose because in 1971 the U.S. Supreme Court ruled that it is constitutional to require such petitions, even if primary candidates for the same office need no petition whatsoever. That case is Jenness v Fortson, from Georgia, where Democrats and Republicans only needed a filing fee but eveeryone else needed a petition of 5% of the number of registered voters.

Massachusetts Will Tally Registrants in Party for Socialism and Liberation

Massachusetts voters now have the ability to register into the Socialism and Liberation Party, and election officials will tally how many people do that. This is the first step for an unrecognized party to become recognized. However, the job is veery difficult; Massachusetts requires that 1% of all voters register into a party before it is ballot-qualified. That takes approximately 50,000 registrants.

The other path for a group to become a qualified party is easier. If a group runs someone for statewide office who polls 3% of the vote, that group also becomes a qualified party.