On February 19, attorneys for Alabama government filed this brief in Libertarian Party of Alabama v Merrill, m.d., 2:19cv-69.  This is the case in which the Libertarian Party challenges the state policy of giving a free list of the registered voters to the qualified parties, but no other parties.

The case is based on a 1970 cased from New York, Socialist Workers Party v Rockefeller, which was summarily affirmed by the U.S. Supreme Court.  That case, filed by the Socialist Workers Party and the Socialist Labor Party, said it is unconstitutional for a state to refuse to give a list of the registered voters to groups that are petitioning to get on the ballot, if the same state gives a free list to the parties that are already on the ballot.

When the Socialist Workers and Socialist Labor Parties filed this case in early 1970 against New York, they had not already petitioned for a place on the ballot.  At the time New York only permitted petitioning in six weeks in late August, September and early October of the election year.  The Socialist Workers and Socialist Labor Parties won the case in June 1970, before they were even permitted to begin petitioning.  Because they obtained the list in time for their 1970 petition drives, the list was used by their petitioners.

But the attorneys for the Alabama misread the case, and believe the court only ordered relief for parties that had already finished their petition drive.

The Socialist Workers Party and Socialist Labor Party had petitioned in New York city for Mayor in 1969, and their petitions failed.  When they filed the case, they had last been able to get on the ballot in 1968.

On February 22, the Minnesota Democratic and Republican Parties notified the Secretary of State that they want the 2020 presidential primary to be on March 3.  The law that created Minnesota’s presidential primary, passed in 2016, gave the qualified parties the option to choose a different date, if they agreed with each on the alternate date.  But instead they settled on March 3.

California State Senator Tom Umberg has introduced SB 505, to alter the method by which candidates may be placed on presidential primary ballots.  Existing law does not require a presidential candidate to file.  Instead, the Secretary of State automatically places candidates on a presidential primary ballot who are discussed in the news media.  For minor qualified parties, the tradition has been that the Secretary of State relies on advice from the state party chairs, although in 2016 Secretary Alex Padilla refused to print some of the names suggested by the chair of the American Independent Party, and one of the names suggested by the Peace and Freedom Party.

The bill requires candidates to file, and sets qualifying criteria.  Candidates must meet at least two criteria:

1. Appear in a “national presidential debate”.  The term “national presidential debate” is not defined.  Candidates who believe they have met this criteria must file supporting documentation that the event took place.  One wonders if a Republican “national presidential debate” would be considered to have taken place if President Donald Trump had not participated in such a debate.

2. Qualify for funding for primary season matching funds.  Virtually no presidential candidates still file for primary season matching funds.  The bill is vague about whether “qualify” means that the candidate actually files for the funds, or whether it means that the candidate would have received the funds if he or she had filed for them.

3. The candidate has been placed on another state’s presidential primary ballot, or another state’s caucus ballot, or has qualified to be in a caucus if that state doesn’t actually have formal caucus ballots.

4. The candidate has done all of the following:  (1) set up a presidential campaign office in California; (2) set up an internet webpage; (3) filed with the FEC; (4) arranged to have his or her party send a letter expressing support for that candidate being on that party’s primary ballot.

Alternative three is impractical, because the California documentation is due in early December of the year before the presidential election, and very few states have set their presidential primary ballots that early.  The only states with earlier presidential primaries than California are New Hampshire and South Carolina, and the South Carolina Republican Party may cancel its 2020 presidential primary.