Libertarian Party Files Brief Attacking Federal Campaign Limit on Bequests

On September 5, the Libertarian National Committee filed this 27-page brief in Libertarian National Committee v Federal Election Commission, U.S. District Court, D.C., 1:16cv-121. The issue is whether it is constitutional for the federal government to prevent the party from receiving a bequest of amounts greater than $33,900 in any one year.

The case arose when Joseph Shaber died in 2014 and left the Libertarian Party a bequest of $235,575. The FEC said the money must mostly be put in an escrow account, and doled out at the rate of $33,900 per year.

This is the second such lawsuit. The first one, when Raymond Burrington died and left the party $217,734, took so long to adjudicate, the money had all been possessed by the party before it was over, so it was declared moot. This case was filed in 2016 and is likely to be quicker, because some of the issues were already settled in the first lawsuit.

This new case is stronger than the last one, because in late 2014, Congress passed a budget bill that said national political parties could receive contributions almost ten times higher, if the money was used for one of three purposes: legal, national convention expenses, or headquarters expenses. The party argues that if such big contributions are now legal if a party wants to use the money just for those purposes, then a general gift to such a party can’t possibly cause corruption.

At this stage of the case, U.S. District Court Judge Beryl Howell must decide whether to send this case to an en banc panel of the U.S. Court of Appeals, D.C. Circuit.

New York Voters Will Decide on November 7 Whether to Implement a State Constitutional Convention

New York voters will decide in a few months whether to call a state constitutional convention. This Village Voice article explains the process and also explains what changes might be made, if a convention is called and the convention writes a draft that makes significant changes (and then the voters would need to approve the new constitution).

New York doesn’t have the statewide initiative process, but conceivably a new constitution could add one.

August 2017 Ballot Access News Print Edition

Ballot Access News
August 1, 2017 – Volume 33, Number 3

This issue was printed on green paper.


Table of Contents

  1. MINOR PARTIES GAIN REGISTRATIONS DURING 2017, BUT DEMOCRATS, REPUBLICANS, AND INDEPENDENTS DECLINE
  2. ARIZONA LOSS
  3. MICHIGAN REMOVES PARTY LOGOS
  4. OREGON NATIONAL POPULAR VOTE BILL DIES
  5. CALIFORNIA LEGISLATIVE NEWS
  6. OTHER LEGISLATIVE NEWS
  7. LAWSUIT NEWS
  8. ALTERNATE VOTING SYSTEMS
  9. BOOK REVIEW: A MAGNIFICENT CATASTROPHE
  10. MODERATE CALIFORNIA GUBERNATORIAL CANDIDATE DROPS OUT
  11. CONGRESSIONAL BILL TO EX-FELONS
  12. MID-2017 VOTER REGISTRATION TOTALS
  13. 2017 PARTY REVENUE FROM STATE INCOME TAX “CHECK-OFF”
  14. PARTY REVENUE FROM STATE INCOME TAX “CHECK-OFF” FOR THE ENTIRE NATION THROUGH HISTORY, 2000-2017
  15. NEBRASKA SENATOR WILL FORM NEW POLITICAL PARTY
  16. U.S. SENATE COMMITTEE WANTS TO KNOW ABOUT JILL STEIN
  17. LOUISIANA ELECTION
  18. LIBERTARIANS GAIN OFFICE-HOLDERS IN NEW YORK AND MISSISSIPPI
  19. LIBERTARIAN PARTY NOW BALLOT-QUALIFIED IN ARKANSAS
  20. ELLIOT TRAIMAN, LONG-TIME COFOE BOARD MEMBER, DIES
  21. VIRGINIA 2017 ELECTION
  22. SUBSCRIBING TO BAN WITH PAYPAL

New Hampshire League of Women Voters and Democratic Party Sue Over New Voter Registration Law

The New Hampshire League of Women Voters, and the state’s Democratic Party, have sued to block a new voter registration restriction passed earlier this year.  The case was originally filed in state court, but on August 31 was dismissed and re-filed in U.S. District Court.  League of Women Voters of NH v Secretary of State, 1:17cv-395.

New Hampshire has had election-day registration for some years.  The new law, SB 3, requires individuals who register within 30 days of an election to sign a statement saying they must furnish documents proving their intent to permanently reside in New Hampshire within the next few weeks, and that if they don’t, they will be guilty of election fraud.  The lawsuit argues the list of documents is too complicated, and will intimidate individuals from registering to vote during the last 30 days before an election.