No Statewide Independent Petitions or New Party Registration Drives Succeeded in Delaware This Year

The Delaware Election Commission has posted a candidate list, although it does not include Democrats or Republicans for office other than president, because their primaries haven’t been held yet. For president, only the nominees of the Democratic, Republican, Libertarian and Green Parties will be on the ballot, unless the nominee of the American Delta Party is able to prevail. The Independent Party is also ballot-qualified but it chose not to run anyone for president, although it is active this year and has nominees for many other offices.

No statewide independent petition has succeeded in Delaware since 1992, when Ross Perot qualified. The law requires 7,118 signatures, due July 15.

No new parties qualified in Delaware this year.

The American Delta Party is ballot-qualified and wants to run Rocky De La Fuente for president, but the party was late with some of its presidential elector paperwork. The Delaware law is discriminatory and requires qualified minor parties (which nominate by convention) to certify their nominees before the Democratic and Republican Parties are required to do so. The Delaware Elections Commission is considering whether to rule that the American Delta Party should be allowed to put its nominee on the ballot.

No Statewide Minor Party or Independent Presidential Petitions Succeeded in Nevada This Year

Nevada requires 9,608 signatures for a new party, or an independent presidential candidate. No candidate or group submitted a petition in Nevada that would have added a presidential candidate to the ballot.

The qualified parties in Nevada are Democratic, Republican, Libertarian, and Constitution. The Green Party had been planning to sue, because Nevada only requires 250 signatures for a statewide independent candidate for office other than president. The U.S. Supreme Court decision Anderson v Celebrezze says states should be more lenient for president than for other office. The proposed Nevada lawsuit would have been similar to the winning 2020 lawsuit against the District of Columbia ballot access law, which had a similar flaw (D.C.. required 250 signatures for all districtwide partisan office except president, but approximately 5,000 for president). But the Green Party was never able to find an in-state attorney in Nevada. It is possible the case will still be filed, for declaratory judgment, but it is too late to expect any court to grant injunctive relief.

Republican National Congressional Committee Sues to Remove Most Texas Libertarian Congressional Candidates from Ballot

On August 21, the National Republican Congressional Committee filed a lawsuit in Texas Court of Appeals to remove the Libertarian congressional candidates from the ballot if they hadn’t paid a filing fee. At the same time, the Texas House Republican Caucus PAC filed a parallel lawsuit to remove the Libertarian candidates for state office who had not paid a filing fee.

Whether the filing fee for convention parties is constitutional is still pending in another lawsuit in Texas state court.

On August 25, the Texas Court of Appeals in Austin rejected the Republican lawsuits, which are numbers o3-20-421-cv and 03-20-422-cv. On the evening of August 26, the Republicans appealed to the State Supreme Court.

No Petition Since the Health Crisis Began, for Any Independent Candidate or Minor Party, That Required More than 5,000 Signatures, Succeeded

So far, no independent candidate or minor political party has managed to overcome any petition requirement greater than 5,000 signatures, during the period starting in March 2020. This statement might cease to be true if Kanye West is able to collect 37,769 valid signatures in Arizona, which he is attempting to do.

Illinois Will Have Four Minor Party or Independent Candidates on Ballot for U.S. House

This year, there will be one independent, two Libertarians, and one Green on the Illinois ballot for U.S. House. Illinois has 18 districts. This paltry number of candidates shows that the normal Illinois requirements for U.S. House are far too severe. This year, the requirement was only 10% of the normal statutory requirement of 5% of the last vote cast. Even reducing the requirements to only 10% of normal still resulted in just four candidates.

Furthermore, the Green was not required to petition, because under the court order that limited petitions to 10%, minor parties that had been on the ballot in either of the two previous election in the same U.S. House district did not need any petition. The Greens have had qualified party status in the Fifth District in every election starting with 2008.

The four candidates are independent Tracy Jennings in the Seventh District, Libertarians Bill Redpath (6th district) and Preston Gabriel Nelson (8th district), and Green Thomas J. Wilda in the Fifth District. Redpath was challenged but he survived the challenge. Jennings and Nelson were not challenged.