U.S. District Court Judge John G. Koeltl has set a briefing schedule in the ballot access case filed by the SAM Party. This case is not related to the health crisis. Instead, it is a challenge to the New York ballot access law passed on April 1, 2020, which changes the definition of “political party” from a group that got 50,000 votes for Governor, to one that got 130,000 votes or 2%, whichever is greater, for the office at the top of the ballot every even-year. Parties that fail to poll 130,000 votes for President in November 2020 (or 2%, whichever is greater) will go off the ballot.

The SAM Party has been ballot-qualified in New York since November 2018. It points out that it has no intention of running anyone for president in 2020.

SAM filed its brief on May 18. The state’s brief is due June 25. The SAM Party’s reply brief is due July 15.

At the Libertarian virtual presidential convention that starts on May 22, one delegate, John V. LaBeaume, plans to nominate Congressman Justin Amash for president, even though Amash has said he doesn’t seek the nomination.

There is precedent for parties to nominate presidential candidates who say they are not seeking the nomination. In 1952 the Democratic National Convention nominated Adlai Stevenson for president, even though he had said vehemently before the convention that he did not want the nomination. However, he was Governor of Illinois at the time, and the convention was in Chicago, so he addressed the convention on the first day in his role as host governor. His speech was so well-received, the convention nominated him despite his expressed wishes.

In 1940, President Franklin D. Roosevelt did not attend the Democratic convention, which was also in Chicago. He had U.S. Senator Alben Barkley read this statement on the first day: “I have never had, and have not today, any desire or purpose to continue in the office of President, to be a candidate for that office, or to be nominated by the convention for that office. I wish in earnestness and sincerity to make it clear that all of the delegates in this convention are free to vote for any candidate.” The convention did nominate him for a third term.

On May 18, the Seventh Circuit expedited the case over whether initiative petitions in Illinois should get petitioning relief. The case was originally called Morgan v White, but in the Seventh Circuit it is Committee for the Illinois Democracy Act v White, 20-1801. The briefs are mostly due in June, but the final one is due July 6.

The U.S. District Court had rejected the case. The plaintiffs had asked for reconsideration, but that was rejected May 18.