New York Governor Sets Severe Ballot Access Petition Requirements for Independent Candidates and the Nominees of Unqualified Parties

Posted on by July 1, 2020
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On June 30, New York Governor Andrew Cuomo issued an executive order setting petition requirements for 2020 independent candidates and the nominees of unqualified parties. Statewide petitions will require 30,000 signatures, to be collected starting July 1 and ending July 30. That is considerably more difficult than any previous requirements in the history of the state. Between 1992 and 2018, the statewide petition was 15,000 signatures, with a collection period of six weeks.

The proclamation makes no provision for electronic signatures.

U.S. House petitions need 2,450 signatures. Thanks to Joe Burns for this news.

U.S. District Court Judge in Idaho Refuses to Stay His Opinion that Gave Ballot Access Relief to Initiatives

Posted on by June 30, 2020
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On June 29, U.S. District Court Judge B. Lynn Winmill refused to stay his own order in Reclaim Idaho v Little, 1:20cv-268. This is the case in which the court had granted ballot access relief for statewide Idaho initiatives. Here is the 4-page order denying the stay.

On June 30, the Judge noted that the state had not accepted his invitation to suggest relief, so he ordered that electronic signatures be permitted, and that the plaintiffs have another 48 days to collect signatures. Here is that order.

U.S. District Court Grants Electronic Petitioning Relief for Rhode Island Primary Candidates

Posted on by June 30, 2020
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On June 25, U.S. District Court Judge Mary S. McElroy, a Trump appointee, granted some ballot access relief to Rhode Island primary candidates. The order says plaintiffs may e-mail petition blanks to their supporters and may have the supporters sign and return the petition to the candidate’s campaign electronically. Also, the campaigns may then submit the petitions to the town board of canvassers either in person, or in a physical “drop box”.

Here is the order in Acosta v Restrepo, 1:20cv-262.

The plaintiffs are running for State Senate and each need 100 signatures. The primary is September 8, the latest non-presidential primary of any state this year, except for Delaware, where the primary is September 15.

U.S. District Court Won’t Grant Additional Ballot Access Relief in Connecticut for Minor Party and Independent Candidates

Posted on by June 30, 2020
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On Saturday, June 27, U.S. District Court Judge Janet C. Hall, a Clinton appointee, declined to order any additional ballot access relief to Connecticut minor party and independent candidates. Libertarian Party of Connecticut v Merrill, 3:20cv-467. She depended on the fact that the Governor had already cut the number of signatures to 70% of normal, so that the presidential petition is 5,250 signatures, instead of the usual 7,500. President is the only statewide office up in Connecticut this year.

The Libertarian and Green Parties are already on the ballot for president in Connecticut, so this ruling does not affect their presidential ballot status. It does adversely affect the Independent Party, which is on for most state and federal partisan races, but not for president.

The parties say they will appeal. The order is not yet available on Pacer, but when it is, it will be posted here.

U.S. District Court Hears Georgia Case Over Ballot Access Relief Due to Health Crisis

Posted on by June 30, 2020
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On Tuesday, June 30, U.S. District Court Judge Eleanor Ross, an Obama appointee, heard Cooper v Raffensperger, n.d., 1:20cv-1312. The issue is whether Georgia ballot access petitions for minor party and independent candidates should be reduced, due to the health crisis. The judge indicated she would issue a ruling soon. The argument was held in-person, in the federal courthouse in Atlanta.

This case should not be confused with Cowen v Raffensperger, which is about the validity of the 5% petition for U.S. House minor party and independent candidates. The Cowen case is not related to the health crisis.