Wyoming Keeps Don Blankenship Off Ballot Due to a Paperwork Error

Posted on by September 9, 2020
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The Constitution Party is ballot-qualified in Wyoming, but its presidential nominee, Don Blankenship, is not on the ballot because the state party didn’t certify his name immediately after its state convention. It did certify the names of its presidential elector candidates, and its nominees for congress and state office.

The Wyoming law says parties that nominate by convention must certify their nominees “immediately after the state convention.” The major parties have more time to do that. President Trump was not even nominated by the Republican Party until August 24, but the Secretary of State says the Constitution Party’s deadline was August 17.

Alabama Libertarian Party Appeals Lawsuit on Access to List of Registered Voters

Posted on by September 9, 2020
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On September 4, the Alabama Libertarian Party filed notice of appeal in Libertarian Party of Alabama v Merrill, 20/13356. This is the case over the Alabama law that says qualified parties get a free list of the registered voters, but unqualified parties that are attempting to petition must pay $36,000 for the list.

The U.S. District Court upheld that law last month, despite the fact that the U.S. Supreme Court summarily affirmed a decision in 1970 on precisely this issue, Socialist Workers Party v Rockefeller, 400 US 806. In that case, the Socialist Workers Party and Socialist Labor Party had both petitioned for Mayor of New York city in 1969, and both petitions were rejected. In preparation for their statewide New York petitions in 1970, both parties filed a lawsuit to obtain access to the New York voters list, so as to help them check their own petitions and be more likely to succeed. They won the case in June 1970, and a few months later the U.S. Supreme Court summarily affirmed it.

The state of Alabama tried to argue that the Socialist Workers and Socialist Labor Parties were ballot-qualified when they won their case, but that is not true. In 1970 the New York petitioning period ran from August through early October, after the parties had won their case.

The U.S. District Court Alabama decision mentioned the New York precedent, but said it was not precisely the same issue. But the judge did not say why it wasn’t the same issue, and it is precisely the same issue. All other precedents on this issue since then, in lower courts, have resulted in wins for the plaintiff candidate or party.

U.S. District Court in West Virginia Refuses to Combine Kanye West’s Ballot Access Case with Marshall Wilson’s Case

Posted on by September 9, 2020
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On September 9, U.S. District Court Judge Irene Berger refused to combine Kanye West’s ballot access case with Marshall Wilson’s case. Kanye v Warner, s.d., 2:20cv-570. Here is her 3-page order.

Marshall Wilson’s case involves petitioning relief due to the health crisis. Kanye West’s case involves due process, specifically if a candidate whose petition is rejected for not having enough valid signatures must be given a chance to double-check the work of the election officials who rejected it.

Shaun McCutcheon, Who Had Short-Lived Campaign for Libertarian Presidential Nomination, Asks Federal Court if he Can Transfer Unspent Campaign Funds to Libertarian National Committee

Posted on by September 9, 2020
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Shaun McCutcheon, a wealthy individual who lives in Alabama, declared on May 7, 2020, that he was seeking the Libertarian Party presidential nomination. He put $65,000 of his own funds in his own campaign account. The Libertarian Party nominated in late May 2020, and did not nominate McCutcheon. McCutcheon still had $50,000 unspent campaign funds in his own account. He asked the Federal Election Commission if he could legally transfer that money to the Libertarian National Committee.

The FEC refused to answer his request, citing a lack of a quorum. Federal Law requires the FEC to issue such advisory opinions. On September 4, McCutcheon filed a federal lawsuit against the FEC, requesting that the court either force the FEC to answer his question, or for the judge to answer it instead. Here is the Complaint.

McCutcheon points out that Michael Bloomberg also had a short-lived quest in 2020 for the Democratic nomination. After Bloomberg dropped out of the Democratic race, he donated $18,000,000 of his own campaign funds to the Democratic National Committee. No FEC enforcement was taken against Bloomberg for that donation, even though federal law doesn’t permit individuals to donate more than $37,000 in any calendar year to the general treasury of an FEC-recognized national committee. McCutcheon wants to know if Bloomberg’s donation was legal or not. If the answer is that it is legal, then McCutcheon will feel legally free to make his $50,000 donation to the Libertarian National Committee.