North Dakota Only Has Two Qualified Parties This Year, the First Time Since 2006

Posted on by April 22, 2022
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The only qualified parties on the ballot in North Dakota this year are the Republican and Democratic Parties. This is the first year since 2006 for which that has been true. For 2008-2020, the Libertarian Party was also on the ballot.

The petition is 7,000 signatures, and the North Dakota Libertarian Party didn’t submit a petition this year because party leaders said they had no candidates willing to run for office this year.

In 2006, although the Libertarian Party wasn’t on the ballot in North Dakota, it placed an independent candidate on the ballot for U.S. Senate. The non-presidential independent petition is much easier, and requires 1,000 signatures due in early September. An independent candidate could still qualify in North Dakota this year.

New York Mid-Level State Court Invalidates U.S. House District Boundaries

Posted on by April 21, 2022
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On April 21, the New York Supreme Court, Appellate Division, Fourth District, invalidated the new U.S. House district boundaries as an unconstitutional partisan gerrymander. The decision is based on the State Constitution. Harkenrider v Hochul, 22-00506. The vote is 3-2. Both dissenters, Justices Gerald J. Whalen and Joanne M. Winslow, are Democrats. The majority comprises Republican Justice John V. Centra, and Democratic Justices Stephen K. Lindley and John M. Curran. Here is the decision. Thanks to ElectionLawBlog for the link.

The order gives the legislature until April 30 to draw new districts. It is extremely likely that the case will be appealed to the state’s highest state court, the Court of Appeals.

Upstate Jobs Party Files Second Circuit Brief in Case Over New York’s Unequal Contribution Limits

Posted on by April 21, 2022
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New York state campaign finance law allows greater contribution limits to candidates of qualified parties, than to candidates of unqualified parties. Last year a U.S. District Court held that disparity to be unconstitutional. The state is appealing. Here is the Second Circuit brief of the Upstate Jobs Party, which had filed the case. Upstate Jobs Party v Kosinski, 21-2518. The introduction to the brief has a rousing discussion of the benefits that small and minor parties have made to the U.S.

San Diego City Council Considers Ranked Choice Voting for City Elections

Posted on by April 21, 2022
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On April 20, the San Diego city council held a hearing on a bill for ranked choice voting. Currently San Diego city elections have a primary in June of even years, and then in November, the top two vote-getters compete, even if someone got 50% in the primary.

The bill would eliminate the primary except in races with at least six candidates. In races with fewer than six candidates, there would only be the November election. However, that system has the disadvantage that candidates must file early in the year, even though the election in most cases would not be held for eight months after the filing deadline.

This newspaper story describes the skeptical reception received by the bill. The story also indicates that a proposal to have only one round in all cases might be more acceptable. If the bill provided for only one round, in November, then the filing deadline could be much later in the year, probably in August. Thanks to Eric Wong for the link.

Iowa Secretary of State Now Considers the Old August Petition Deadline for Independent Candidates to be in Force

Posted on by April 21, 2022
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On April 20, the Iowa Secretary of State filed a four-page brief with the U.S. District Court in Iowa Libertarian Party v Pate, s.d., 4:19cv-241. This the case in which the court struck down the March petition deadline for independent candidates, and the nominees of unqualified parties. The deadline had been moved from August to March in 2019. The Secretary of State’s brief expresses the opinion that the result of declaring the March deadline unconstitutional is that the old August deadline is now back in force.

Therefore, the 2022 petition deadline is August 19.