New York Submits Brief in Ballot Access Case

Posted on by April 11, 2021
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On April 9, the state of New York submitted this brief in the three ballot access cases filed by various minor parties. The state’s brief asks the U.S. District Court to uphold the new definition of political party, and also the new number of signatures for statewide independent candidates and the nominees of unqualified parties.

The state’s main point is that the old law, requiring 50,000 votes for Governor, was set in 1935, and the state has grown since then and therefore it is only logical that the vote test be increased. However, in 1936, the first year in which the new vote test for Governor was in place, there were 5,557,339 votes cast for Governor. The 50,000-vote test in effect that year was .90%. Therefore, logically, if the state just wanted to update the number of votes cast for Governor, it should have set the new law vote test at 1%, not 2%.

Georgia Libertarian Party Responds to U.S. District Court’s Request to Propose an Interim Ballot Access Rule for U.S. House

Posted on by April 10, 2021
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On April 9, the Georgia Libertarian Party filed a response in U.S. District Court in Cowen v Raffensperger, n.d., 1:17cv-4660. The response was requested by the judge. She wants both sides to suggest an interim rule for ballot access for minor party and independent candidates for U.S. House, until the legislature acts. So far the state has not responded. Its response is not due until April 19.

The Georgia Libertarian Party suggests that candidates for U.S. House should either submit 500 signatures, or pay the filing fee, which is quite high (approximately $5,200). The party also suggests that perhaps the court shouldn’t enter any interim rules, because the legislature will be meeting before the filing period for the 2022 election. If the legislature did nothing, and the court does not implement any interim rules, then any candidate could get on the ballot by filing a declaration of candidacy.

Green Party Member Elected Mayor of Galesburg, Illinois

Posted on by April 9, 2021
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On April 6, Galesburg, Illinois, held an election for city office. Peter Schwartzman, a member of the Green Party and a professor of environmental studies at Knox College, was elected Mayor. He received 1,762 votes. The incumbent received 1,531 and a third candidate received 465.

Galesburg has a population of 35,000 and is in west central Illinois. See this story. The election was non-partisan. Thanks to Joshua H. for this news.

Montana Ballot Access Bill Advances

Posted on by April 9, 2021
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On April 9, the Montana House passed SB 350 on second reading, 67-33. It makes three improvements to the procedure for qualifying a new or previously unqualified party: (1) it says a signature should be considered valid even if the signer doesn’t show the exact form of the name compared to the voter registration record; (2) it says no one may withdraw a signature from a petition to create a new party later than the March petition deadline itself; (3) it says any person may present a completed petition to qualify a new party. There is no need for the individual who submits the petition to prove that he or she is a party officer or representative.

The bill will have a vote on Monday, April 12, in the House, for third reading. Then it will have passed the legislature.

This bill exists because of some restrictive rulings by the Montana state courts in 2018 and 2020. Those rulings invalidated Green Party petitions both years.

Nevada Bill for a Presidential Primary

Posted on by April 9, 2021
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On April 8, the Nevada Assembly Legislative Operations & Elections Committee passed AB 126. It sets up presidential primaries for major parties in Nevada. They would be on the first Tuesday in February. The bill seems to say that any candidate recognized by his or her party may get on the ballot just by filing a declaration of candidacy. Thanks to Steve Kamp for this news.