South Carolina Republican Voters Support Adding Question About Party Affiliation on Voter Registration Form

Posted on by June 9, 2020
2

On June 9, South Carolina held non-presidential primaries for the Republican and Democratic Parties. The Republican ballot had two advisory questions. Question one asked if the state should change the voter registration form to ask the applicant which party, if any, he or she wants to join. That measure is passing with 86.6% of the vote.

If South Carolina registration forms asked about party affiliation, that would then make it possible for the state to have closed or semi-closed primaries. Currently South Carolina has open primaries, which means that any voter is free to choose any party’s primary ballot.

The Republican ballot also asked if the law should be changed to eliminate fusion. That is passing with 80.3% of the vote.

Virginia Minor Parties File Brief in Support of Injunctive Ballot Access Relief

Posted on by June 9, 2020
Reply

On June 8, the four minor parties who are suing Virginia for ballot access relief filed this brief in their ballot access case. Libertarian Party of Virginia v Virginia Board of Elections, e.d., 3:20cv-349. This case was originally filed on May 15 by the Constitution and Green Parties, but since then the Libertarian and Independent Green Parties have joined the case.

Pennsylvania Minor Parties File Brief That Explains Why Democratic Party Should Not be Allowed to Intervene in Ballot Access Case

Posted on by June 9, 2020
2

On June 8, the Pennsylvania Constitution, Green, and Libertarian Parties filed this brief in their ballot access case, Libertarian Party of Pennslvania v Wolf, e.d., 5:20cv-2299. The brief argues that the Democratic Party should not be allowed to intervene in the case, which asks for ballot access relief due to the health crisis. The Pennsylvania Democratic Party is opposed to any ballot access relief.

U.S. District Court Upholds Minnesota Two-Week Petitioning Period

Posted on by June 9, 2020
4

On May 29, U.S. District Court Judge David S. Doty, a Reagan appointee, upheld the Minnesota law that requires all non-presidential independent and minor party petitions to be circulated in just 14 days. Libertarian Party of Minnesota v Simon, 0:19cv-2312. Here is the 14-page decision.

The decision says the short petitioning period is constitutional because the number of signatures for a statewide independent is only 2,000. However, the decision fails to note that an unqualified party would need many separate petitions if it wanted to run more than just a single nominee. The decision does not mention any state interest in the short period. The decision does not discuss the point that independent presidential petitions can be circulated over several months.

The decision also upholds the language on the petition that says the signer does not now intend to vote for anyone for the same office in any primary. The decision says that is not a severe burden, because the signer is later free to change his or her mind. Again, the decision does not any state interest in having such language on the petition. The U.S. Supreme Court Anderson v Celebrezze decision says judges are supposed to balance the interests of the state against the voting rights burden of the challenged law. This means judges are supposed to discuss the state interest in the challenge restriction.