The New York Working Families Party will nominate candidates in May, according to this story. For Governor, the party must decide whether to nominate incumbent Andrew Cuomo, or Cynthia Nixon. Those two candidates are also both seeking the Democratic nomination, but the Democratic primary is not until September.
On April 2, the U.S. Supreme Court refused to hear Tripp v Scholz, 17-1129. This was an Illinois Green Party case that challenged the Illinois requirements for nominees of unqualified parties to get on the ballot for state legislature. They are so severe, no third party candidates appeared on the Illinois ballot in 2016 for the legislature.
The U.S. Supreme Court has not granted any cert petition filed by a minor party or an independent candidate, involving ballot access, since 1991. Although the Court granted Burdick v Takushi in early 1992, that case (involving write-in votes) was filed by a Democratic Party voter and did not concern third parties or independents directly.
The case that was granted in 1991 was Norman v Reed, an Illinois case.
Ballot Access News
March 1, 2018 – Volume 33, Number 10
| This issue was printed on white paper. |
Table of Contents
On March 29, U.S. District Court Judge James Moody declined to block Mark Moore from getting on the ballot this year as an independent candidate for state office. Moore had won a decision last year that the Arkansas March 1 independent candidate petition deadline is unconstitutional. Judge Moody had also granted injunctive relief to Moore. But earlier this month, the state asked the judge to retract injunctive relief, on the grounds that Moore had not filed candidacy paperwork by March 1.
The state argues that just because the petition deadline was struck down, that does not mean independents need not file paperwork on March 1. Moore didn’t file any such paperwork by March 1. The March 29 order from the court says, “the Court defers ruling on the motion to vacate.” The state is trying to persuade the Eighth Circuit to reverse the decision about the unconstitutionality of the deadline, but the U.S. District Court implies that unless the Eighth Circuit reverses, Moore is free to get on the ballot this year. Moore v Martin, 4:14cv-65.
State laws that merely require independent candidates to file a declaration of candidacy by an early date have been held unconstitutional in federal courts in South Carolina and West Virginia, even though those states had a much later deadline for the petition itself. One of the reason courts act against early deadlines of all kinds is that history shows that public support for independent candidates and new parties often does not arise until the second half of an election year, and early deadlines of all kinds (paperwork as well as petitions) inhibit that process.
Heath Haussamen, editor and publisher of the non-partisan New Mexico Politics.com, here writes about the New Mexico Secretary of State’s determination to restore the straight-ticket device, even though there is no statutory authorization for it. Thanks to Rick Lass for the link.
