April 2020 Ballot Access News Print Edition

Ballot Access News
April 2020 – Volume 35, Number 11

This issue was printed on white paper.


Table of Contents

  1. DEEPLY FLAWED MONTANA BALLOT ACCESS DECISION SIGNALS COMING REPRESSION OF THE GREEN PARTY
  2. NEW YORK BALLOT ACCESS WIN
  3. VIRGINIA BALLOT ACCESS WIN
  4. LEGISLATIVE NEWS
  5. TEXAS DEMOCRATS SUE TO RESTORE STRAIGHT-TICKET DEVICE
  6. OTHER LAWSUIT NEWS
  7. BOOK REVIEW: LET THE PEOPLE PICK THE PRESIDENT
  8. PARTIES ORGANIZED IN ONLY A SINGLE STATE WITH PRESIDENTIAL CANDIDATES
  9. 2020 PETITIONING FOR PRESIDENT
  10. CONSTITUTION PARTY WILL HAVE REMOTE PRESIDENTIAL CONVENTION
  11. AMERICAN INDEPENDENT PRIMARY
  12. CONSTITUTION PARTY PRIMARIES
  13. GREEN PARTY PRIMARIES
  14. PEACE & FREEDOM PRIMARY
  15. LIBERTARIAN PARTY PRIMARIES
  16. GEORGIA GREEN PARTY WILL HAVE U.S. SENATE CANDIDATE ON BALLOT
  17. SUBSCRIBING TO BAN WITH PAYPAL

New York Cancels Democratic Presidential Primary

On April 27, New York cancelled its Democratic presidential primary, even though it was set for June 23 and the state will hold primaries for office other than president that day.

There wasn’t going to be a presidential primary for any other parties in New York, because presidential primaries in New York aren’t held unless at least two candidates appear on the ballot.  Although presidential candidates other than President Trump had petitioned for the Republican primary, the other Republican candidates had been disqualified because they didn’t submit delegate candidates in every U.S. House district.  The Libertarian Party had wanted its own presidential primary, but none of the candidates who petitioned also presented slates of delegates in all districts.  See this story.  Thanks to Joe Burns for this news.

Arizona Asks U.S. Supreme Court to Delay Responding in Ballot Access Case for Third Time

On January 30, the U.S. Supreme Court asked Arizona to respond to the Libertarian Party’s ballot access cert petition (Arizona Libertarian Party v Hobbs, 19-757).  Since then the state has obtained time extensions repeatedly.  The original deadline was March 2.  Then it was moved to April 1, and then May 1, and now the state wants a delay until May 7.  The Court almost always grants these time extensions.

The issue is the law that makes it almost impossible for members of small ballot-qualified parties to get on their own party’s primary ballot.  The law only pertains to small qualified parties that have been on the ballot in the last two elections. so besides being repressive, it is discriminatory.  That is why numerous Green Party candidates were on the ballot in 2016 and 2018, but no Libertarians for any state or federal office except president.  The law does not affect presidential elections.

New York Likely to Extend Petition Deadline for Independent Candidates and the Nominees of Unqualified Parties

Governor Andrew Cuomo will probably set a new deadline for independent candidate petitions, and petitions for the nominees of unqualified parties, this week.  The statutory deadline had been in August until early 2019, when the legislature moved it to May.  The May deadline (even before the health crisis) was almost certainly unconstitutionally early, but no one has challenged it.

On March 29, the Governor issued Executive Order 202.13, which said the March 31 start date for such petitions is “postponed”, but in that order he did not say what the new petitioning period is.  A new order will set the dates.  It will be interesting to see if the new order also cuts the number of signatures.  On April 1, 2020, a bill was signed that raises the statewide petition from 15,000 to 45,000 signatures.  That bill did not raise the number of signatures for district or local office, though.  Thanks to Frank Morano for this news.

U.S. District Court Hears Georgia Case on Whether Constitution Requires State to Pay Postage Both Ways for Postal Ballots

On April 24, U.S. District Court Judge Amy Totenberg heard arguments in Black Voters Matter v Raffensperger, n.d., 1:20cv-1489.  The issue is whether the 24th Amendment requires states to pay the postage on mail ballots both ways.  The 24th amendment bans “poll taxes or other taxes”: in order to vote.

The trial lasted 4 and one-half hours.  See this story.