On December 19, U.S. District Court Judge Karen Schreier issued a 26-page opinion in Libertarian Party of South Dakota v Krebs, 4:15cv-4111. The issue is the March petition deadline for newly-qualifying parties. The state argues that the early deadline is necessary, because the state has a strong interest in providing that newly-qualifying parties nominate by primary. The South Dakota primary is in June, so the state argues the March deadline is necessary.

The plaintiff parties, the Libertarian Party and the Constitution Party, argue that the March petition deadline forces them to submit a hefty petition (2.5% of the last gubernatorial vote, tied for the second highest percentage requirement for mandatory new party petitions in the nation) and collect many, if not most, signatures in the winter months. As is well known, South Dakota has severe winter weather that makes petitioning outdoors difficult.

The December 19 decision says that a trial will be needed to weigh whether the state really needs to provide newly-qualifying parties with their own primary. The state is in a somewhat awkward position because in South Dakota, all parties (even the Republicans and Democrats) don’t use a primary to nominate for any statewide state executive office except Governor. So since the state already has procedures in place for all parties, big and small alike, to nominate for some offices by convention, one wonders why the state has any interest in preventing newly-qualifying parties from using their conventions to nominate for all office, instead of just some offices. The decision says on page 21, “The questions here are whether South Dakota has a compelling state interest in having certain candidates participate in a primary election while others an be selected by convention.”

On December 15, the Texas Republican Party filed a federal lawsuit against the Secretary of State. Republican Party of Texas v Pablos, w.d., 1:17cv-1167. The party is unhappy because Congressman Blake Farenthold is not being permitted to withdraw his name from the Republican 2018 primary ballot. Texas law lets candidates withdraw from a primary by the filing deadline. The deadline was December 12, and Farenthold signed paperwork withdrawing from the race on December 14. The Republican Party received that paperwork on December 15, and told the Secretary of State, but the Secretary of State won’t process the withdrawal because it was late.

The party says the deadline is irrational, because the law doesn’t require the party to forward the list of its candidates until December 19 anyway. But the state responds by pointing out that when an incumbent withdraws by the deadline, then filing is re-opened for another week, and another week from December 15 is December 22. However, the state doesn’t need to mail the ballots to overseas absentee voters until January 20.

The party says it has a freedom of association right not to associate with candidates like Farenthold, especially since Farenthold doesn’t want to run. Farenthold is not a plaintiff in this lawsuit, but news reports say he doesn’t want to run. Here is the Complaint.

Here is a news story, which says that the Texas Republican Party is worried that if Farenthold’s name is not taken off the ballot, then he will win the primary. He represents the 27th district, which includes Corpus Christi.