Two Rival Slates of Statewide Libertarian Candidates are Circulating Petitions in New Hampshire

Posted on by June 22, 2022
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Two rival slates of statewide candidates are circulating petitions in New Hampshire, both with the ballot label “Libertarian”. One slate is composed of Karlyn Borysenko for Governor and Jeremy Kauffman for U.S. Senate. They were nominated at the January 2022 state convention.

The other slate is composed of Kelly Halldorson for Governor and Kevin Kahn for U.S. Senator.

New Hampshire election law has no means for an unqualified party to protect its party label. Thus, it is possible for the same label to be used by two different candidates for the same office. In 2008, the New Hampshire Libertarian Party filed a federal lawsuit, arguing that the Freedom of Association part of the First Amendment requires states to provide name protection for unqualified parties, but that lawsuit lost.

It seems reasonable that the vote for the two slates could be added together, to determine if the Libertarian Party meets the vote test in 2022. New Hampshire defines a political party this way: “‘Party’ shall mean any political organization which at the preceding state general election received at least 4 percent of the total number of votes cast for any of the following: the office of governor or the offices of United States Senators.” If the combined Libertarian vote for Governor, or for U.S. Senator, equals 4%, then the party would be entitled to its own primary in 2024, and the internal split in the party, if it still exists in 2024, would be handled with a contested primary.

The deadline has already passed for Declarations of Candidacy, so it is possible to know now that the only non-major party candidates for Governor in 2022 will be the two Libertarians. However, for U.S. Senate, besides the two Libertarians, there are some independent candidates circulating petitions.

California Bill to Repeal Top-Two System

Posted on by June 22, 2022
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On June 20, California State Assemblymember Kevin Kiley (R-Rocklin) introduced ACA 16, which would repeal the top-two system and return to the system in effect 2000-2010. During those years, independent voters were always allowed to vote in all Republican and Democratic primaries for congress and partisan state office. Here is the text.

The measure needs two-thirds in each house to pass, and if it did pass the legislature, then the voters would vote on it. Thanks to Eric Wong for this news.

Assemblymember Kiley represents the part of California that is mostly in the State Senate Fourth District. This is the fourth-most Republican Senate district in the state, by registration, and yet this is the district in which voters are barred by the top-two system from voting for any Republican this coming November.

Alaska Elections Officials Will Not Permit Fifth-Place Finisher in June Primary for U.S. House to Appear on Special General Election

Posted on by June 21, 2022
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On June 21, Alaska elections officials said they will not permit the fifth-place finisher in the June 2022 special primary for U.S. House to advance to the special general election. See this story. Therefore, because Al Gross withdrew, there will only be three choices on the August special general election, two Republicans and one Democrat. Thanks to PoliticalWire for the link.

Al Gross, Independent Candidate, Withdraws from Alaska U.S. House Race, Both from the Special Election and the Regular Election

Posted on by June 21, 2022
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On June 20, Al Gross said he will withdraw from the Alaska U.S. House race. He placed in the top four in the special primary, and the law permits withdrawal from the primary but says the withdrawal must be made at least 64 days before the general election. According to this story, Gross withdrew too late. But the story also says that the proponents of the top-four initiative say the intent is to have a shorter deadline for special elections. If the initiative proponents are right and the state allows the fifth-place finisher to join the special general election in place of the withdrawn candidate, then there will be three Republicans and one Democrat on the special general election ballot in August.

Election Law Blog Carries My Guest Post on California’s Faulty Ballot Access for Independent Presidential Candidates

Posted on by June 21, 2022
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On June 20, the ElectionLawBlog carried my guest commentary, criticizing California’s independent presidential petition procedure. It requires almost 200,000 signatures, to be collected in 105 days. Furthermore the petition can’t start to circulate until after the presidential candidate has chosen 54 presidential elector candidates, because their names and addresses must be squeezed onto all the petition forms.

The procedure is so difficult, no one has used it in 30 years.