Oregon Removes Constitution Party and We the People Party for Failing to Have Enough Registered Members

On Auagust 7, the Oregon Secretary of State disqualified the Constitution Party, and the We the People Party for failing to have enough registered voters at the August 1 tally.

The We the People Party did poll over 1% of the vote for President in 2024, but Oregon law says that parties that meet the vote test must have registration of one-tenth of 1% of the state total, and We the People did not meet that standard.  The party had been created in 2024 as a vehicle for the Robert F. Kennedy, Jr. independent candidacy.

The Constitution Party did meet the one-tenth of 1% registration test.  But it did not poll as much as 1% of the vote for any statewide office at either 2022 or 2024, so it was required to have registration of one-fourth of 1%, and it did not.  See this story.

New Jersey Supreme Court Won’t Put Libertarian on Ballot for U.S. House

On August 7, the New Jersey Supreme Court declined to put Lana Leguia on the ballot as the Libertarian nominee for U.S. House.  She is off the ballot because she used some out-of-state petitioners.  The Supreme Court did not take a position on the ban on out-of-state issue, but it said Leguia should have mounted a constitutional challenge to the ban earlier in the process.  See this story.

Nebraska State Trial Court Declines to Force Democratic Party to Nominate Someone for U.S. Senate

On August 7, a Nebraska state trial court refused to order the Democratic Party to nominate someone for U.S. Senate.  Forbes v Nebraska Democratic Party, Lancaster County District Court, CI26-2807.  The law is ambiguous, but the judge said forcing the party to run someone against its will would raise constitutional questions.

Texas Republican Party Lawsuit for a Closed Primary May be Affected by Replacement of Jane Nelson

On July 17, Jane Nelson, Texas Secretary of State,ceased to be Secretary.  Texas Secretaries of State are not elected; they are appointed.  Governor Greg Abbott replaced her with Robert Howden.  Nelson had been opposing the Republican Party lawsuit that demands a closed primary for the party.  The Attorney General had been supporting the lawsuit, even though normally Attorneys General are supposed to defend state laws.

On August 6, U.S. District Court Judge Matthew Kacsmaryk ordered the new Secretary of State to reveal whether the new Secretary will switch sides.  If the new Secretary does switch sides, then there will be no government official left to defend the existing open primary law.  However, in that case, there will be private organizations who will ask to intervene in the lawsuit.

Aaron Day, Independent for U.S. Senate in New Hampshire, Completes Petition Drive

Aaron Day, an independent candidate for U.S. Senate, has finished his petition drive.  He collected 5,000 signatures and 3,000 are needed.  However, assuming his petition is valid, he is still not certain to be on the ballot, because the Secretary of State had rejected his Declaration of Candidacy because when he filed it, he had not yet updated his voter registration to list his new address (because of New Hampshire’s cumbersome procedures for voter registration, it was impossible for him to do so).

His federal lawsuit, arguing that candidates for Congress cannot be kept off the ballot over voter registration status, is still pending.  A decision is likely at any time.