Second Circuit Expedites New York Ballot Access Lawsuit

Posted on by September 17, 2020
4

On September 17, the Second Circuit expedited SAM Party v Kosinski, 20-3047. This is the case in which the SAM Party, which is ballot-qualified in New York, asks for injunctive relief against the state’s new definition of a political party. The briefs will be in by late November, and the oral argument will be scheduled soon after that. The SAM Party knows that it will lose its qualified party status in November 2020, because the new law requires parties to perform well in the presidential election, and the SAM Party has no presidential nominee.

The new definition was created on April 3, 2020. It requires a party to poll the greater of 130,000 votes, or 2% of the total presidential vote.

North Carolina Poll Shows Minor Party Presidential Candidates Above 5%

Posted on by September 17, 2020
11

On September 17, a Suffolk University/USA Today Poll was released for North Carolina. In the presidential race it shows: Biden 46.2%; Trump 42.8%; Jorgensen 4.8%; other .6%. The other candidates on the ballot are Howie Hawkins and Don Blankenship. See this story.

The minor party for for U.S. Senate is even higher. The Constitution and Libertarian Parties have nominees in that race.

Alaska State Trial Court Enjoins Printing Alaska Ballots Until Party Label Controversy is Settled

Posted on by September 17, 2020
4

On September 17, Alaska Superior Court judge Jennifer Henderson enjoined Alaska from printing its ballots until the controversy over party labels is settled. There will be a hearing on September 18, at 10:30 a.m., to settle the label issue. Here is the 5-page order in Galvin v Fenumiai, 3AN-20-7991.

There are two types of candidates who were hurt when the Alaska Director of Elections arbitrarily ruled recenty that party affiliations of candidates should not be on the ballot. The lawsuit was brought by a Democratic Party nominee who wants her independent affiliation noted on ballots, as it was in 2018 when she was running for the same office, U.S. House. But the Director did even more damage to the nominees of unqualified parties, by removing their party labels and instead printing “petition candidate.”