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

Posted on by April 27, 2020
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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

Posted on by April 27, 2020
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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

Posted on by April 26, 2020
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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.

Alliance Party Nominates National Ticket

Posted on by April 25, 2020
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On the afternoon of April 25, the Alliance Party nominated Rocky De La Fuente for president, and Darcy Richardson for vice-president.  The convention was remote, and participants used Zoom.  The delegates were asked to vote “yes” or “no” on the ticket.  The vote was 24-2.

The party is ballot-qualified in South Carolina and Delaware, and it is fairly likely that it will also be ballot-qualified for president in Connecticut soon.

Texas Court Sets Oral Argument in Case Over Whether Convention-Party Candidates Must Pay Filing Fees

Posted on by April 25, 2020
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The Texas State Court of Appeals will hear oral argument on June 23 in Dikeman v Hughs, 14-19-00969-CV.  This is the case in which the Libertarian Party challenges the 2019 law that says candidates seeking the nomination of a party that nominates by convention must pay a filing fee early in the year, before they even know if the convention will nominate them or not.  Thanks to Jim Riley for this news.