Libertarian Party Sues Alabama Over Voter List

Alabama’s Secretary of State gives a free list of the state’s registered voters to the qualified parties. But if an unqualified party wants the list, it must pay approximately $34,000. On January 23, the Alabama Libertarian Party filed a lawsuit in federal court, charging that it violates the Constitution for the state to discriminate. Libertarian Party of Alabama v Merrill, m.d., 2:19cv-69.

The case is based on a U.S. Supreme Court summary affirmance in 1970. A 3-judge U.S. District Court ruled that if New York gives a free list to the qualified parties, it must give the list free to parties that are trying to get on the ballot. That case was Socialist Workers Party v Rockefeller, and it was affirmed by the U.S. Supreme Court in 1970. That means that the exact issue settled in the U.S. District Court is binding on the entire nation.

Since 1970, minor parties and independent candidates have won similar lawsuits against Arizona, California, Indiana, Iowa, Michigan, New Hampshire, and Oregon. The Alabama case is assigned to U.S. District Court Judge Emily C. Marks, a Trump appointee.

The 2020 Alabama petition requirement for minor parties is 51,588 signatures. No party, other than the Democratic and Republican Parties, has been a qualified party statewide in Alabama since November 2002.

Bills in Both Houses of the New York Legislature to Ban a Party from Having “Independent” or “Independence” in its Name

Bills have been introduced in both houses of the New York legislature to make it illegal for a qualified party to have the words “independent” or “independence” in its name. In the Assembly, the bill is sponsored by Assemblymember Jeffrey Dinowitz (D-Bronx) and is AB 2600. In the Senate, it is sponsored by Senators James Skoufis and Allesandra Biaggi and is SB 1628. The bill, if enacted, would probably violate the First Amendment.

New York Governor Signs Bill Moving Independent Petition Deadline from August to May

On January 24, New York Governor Andrew Cuomo signed AB 779, which moves the petition deadline for independent candidates, and the nominees of unqualified parties, from August to May. The bill also moves the primary for state and local office from September to June.

The new deadline is almost certainly unconstitutional, under the U.S. Supreme Court decision Anderson v Celebrezze. New York now has the nation’s third earliest deadline, when the latest method for getting on the general election ballot for president is compared. The only two earlier states are North Carolina and Texas. A lawsuit is pending against the North Carolina deadline, and a case challenging the Texas deadline is likely to be filed any day now.