On May 8, backers of a top-four system for Missouri submitted approximately 300,000 signatures on their initiative. The initiative needs approximately 170,000 signatures. If the voters enact it, it will be exceedingly difficult for qualified minor parties to remain ballot-qualified. Current law says they stay on the ballot if they poll 2% for any statewide race at either of the last two elections. But under the initiative, parties no longer have nominees (except for President), so a party can only remain on the ballot if it can get 2% for President, which is difficult and rarely happens.
On April 28, Danielle Neuschwanger switched her registration from Republican to Constitution. On April 30 the Constitution Party nominated her for Governor of Colorado. Neuschwanger earlier this year had been seeking the Republican gubernatorial nomination. She had received 27% of the vote at the Republican endorsements convention, below the 30% needed to run in the Republican primary without a petition. See this story.
On May 6, the South Dakota Secretary of State said that his office does now accept the paperwork filed by the Libertarian Party, listing its candidates. He had initially considered rejecting it due to the time lag between the party’s nominating convention and his receipt of the documents.
On May 5, Acting Supreme Court Judge Patrick F. McAllister, a Republican, decline to extend the petition deadline for statewide independent candidates, even though the statewide petitions require at least 500 signatures from each of half the U.S. House districts, and the boundaries of those districts won’t exist until May 20 at the earliest. The petition deadline is May 31.
The order is styled as an “Advisory Opinion” and it does not appear that anyone in the case set out a legal argument in favor of extending the deadline. The case deals with the constitutionality of the recent redistricting for U.S. House and state legislature. None of the plaintiffs have any expressed interest in the problems of independent candidates and the nominees of unqualified parties. The opinion was issued as a document in Harkenrider v Hochul, Steuben County Supreme Court, E2022-0116cv. Apparently the State Board of Elections asked for this action. Thanks to Joe Burns for this news.
It is likely that one or several 2022 petitioning groups will soon seek to intervene in the case.
On April 28, the U.S. Supreme Court allowed the Georgia Libertarian Party to file its cert petition in its ballot access lawsuit by July 29. The party had asked for an extension. Without the extension, the cert petition would have been due June 29. Cowen v Raffensperger, 21A647.
The issue is the petition requirement for independent and minor party candidates for U.S. House. No minor party has ever been able to comply with the requirement since before 1943. The 5% petition was created in 1943. Before 1943, no petition and no fee was required.