U.S. Senator Bernie Sanders of Vermont is running for re-election as an independent this year. He received enough write-in votes in the Progressive Party to be its nominee, but he turned it down. He also received enough votes in the Democratic primary to be the Democratic nominee, but he turned that down also. See this story.

The Progressive Party had no statewide candidates printed on its primary ballot, but enough write-ins were received for the party to nominate for Lieutenant Governor and Auditor. The write-in winners for those offices did accept the Progressive Party nomination. They are David Zuckerman for Lieutenant Governor and Doug Hoffer for Auditor. Both are incumbents. Zuckerman is a member of the Progressive Party, and Hoffer is a Democrat. Vermont allows fusion, and Zuckerman will be on the November ballot as “Progressive, Democrat” whereas Hoffer will be on as “Democrat, Progressive.”

On April 4, 2018, the Alaska Supreme Court issued an order in State v Alaska Democratic Party, S-16875, letting the Democratic Party nominate persons who are registered independents. On August 24, the court issued a 24-page opinion, giving its rationale.

The key is that the Alaska Democratic Party had amended its bylaws last year to let registered independents run in its primary. The decision says that a party’s bylaws override state election law on this point. The decision is unanimous. Back on April 4, 2018, one justice had written that he hadn’t yet made up his mind, but now it appears he agrees with the majority. Thanks to Rick Hasen for the link.

Other courts that have ruled that parties may nominate a non-member if they wish include a U.S. District Court in New Mexico, and a state court in Colorado. The Alaska Supreme Court decision does not mention either of those precedents.

The Independent Party of Connecticut held its statewide nominating convention on Sunday, August 26. It nominated the entire Republican slate for statewide office, so those individuals will be listed twice on the November ballot, and voters who want to vote for them can do so either on the Republican line or the Independent Party line. See this story.