Libertarian Party Fails to Poll Enough Votes in North Dakota Primary

North Dakota held its primaries on June 12. Three parties were on the primary ballot, and voters were free to vote in any party’s primary, Republican, Democratic, or Libertarian. The Libertarian Party only had one candidate for statewide office, Roland Riemers. He was running for Secretary of State. The law requires winners of statewide primaries to receive at least 300 votes. If they don’t, they can’t appear on the November ballot.

Riemers was credited with only 247 votes, so he is not on the ballot in November. As a result, the Libertarian Party won’t be able to remain on the ballot as a qualified party after November 2018. The law requires the party to poll 5% for either Secretary of State or Attorney General this year. The 5% vote test must be met every two years, and now it cannot be met in 2018. To get back on the ballot for 2020, the party will need 7,000 signatures collected during 2019 or 2020.

All the statewide Libertarians in the 2016 and 2014 primaries received over 1,000 votes, and even in earlier years, always polled at least 500 primary votes. It may be that 2018 has the most polarized electorate in the United States in many years, and voters who in previous years were willing to vote for minor parties, this year are either highly motivated to vote Republican or Democratic, depending on whether they have passionate feelings either pro or con about President Donald Trump.

Ironically, a poll published June 21, which included in the Secretary of State’s race, showed Riemers getting 6% of the general election vote. The race is very unusual, because the Republican Party has no nominee, but the incumbent Secretary of State is running for re-election as an independent. The poll shows Jaeger leading with 51%, and the Democrat, Josh Boshee, at 32%. Assuming Jaeger is re-elected, he will be the first person elected Secretary of State as an independent in U.S. history.

North Carolina Legislature Overrides Veto of “Sore Loser” Bill, so it is Now Law

On June 20, the North Carolina legislature overrode the veto of SB 486, so it is now law. It makes it illegal for a party that nominates by convention to nominate someone who had earlier that year run in a primary of another party for the same office.

The Constitution Party already nominated three such individuals, and because the party did so before the “sore loser” law was in effect, there is no clarity as to whether the three candidates can appear on the November ballot.

Tenth Circuit Won’t Rehear Utah Republican Party Appeal

On June 8, the Tenth Circuit refused to reconsider its earlier decision in Utah Republican Party v Cox, 16-4091. The earlier decision said that the Utah procedures for parties to nominate candidates are constitutional. The Republican Party had filed this case, arguing that it does not want candidates to get on the Republican Party primary ballot unless they have substantial support at a party meeting. But the law permits such candidates if they submit a petition.

The June 8 order, denying rehearing, said that the original decision would be slightly amended by adding footnote 29. That footnote says, “Our decision addresses only the issues presented to us. We do not address the reach of governmental power to regulate other associational nominating decisions.” The purpose of that footnote is to protect associations that are not political parties from being told how to conduct their affairs.