Virginia Libertarian Party Completes Petition Drive for Gubernatorial Election

Virginia holds elections for Governor and legislature on November 7, 2017. Statewide candidates running in the general election need 10,000 signatures. It appears the only statewide petitions being submitted for any statewide race this year are for the Libertarian nominee for Governor, Cliff Hyra. He has already collected approximately 16,000 signatures. Virginia allows petitioning groups to submit the petitions on a flow basis, so almost all of these signatures have already been submitted and checked. The petition deadline is Tuesday, June 13, at 7 p.m.

Assuming Hyra is on the ballot, this will be the first time any party, other than the Republican and Democratic Parties, has been on the ballot for two Virginia gubernatorial elections in a row, since the period 1941-1953 when the Socialist Party was always on. Before 1970 the statewide non-presidential petition in Virginia was only 250 signatures.

The Libertarians will probably also have seven or so legislative nominees on the ballot. The Green Party will probably have four legislative candidates on the ballot.

Virginia is one of only two states that defines a qualified party as one that got 10% of the vote in a previous election; the other such state is New Jersey. The median vote test of the 50 states is 2%.

North Carolina Independent Voter Files Lawsuit Against Law that Bars Him from Serving on Board of Elections

North Carolina law does not permit anyone to serve on the State Board of Elections, or a county board, unless that voter is a registered member of one of the two largest parties in the state. On June 7, Michael Crowell, an independent voter and an attorney, sued on his own behalf to overturn that law. Crowell v North Carolina, m.d., 1:17cv-515. Here is the Complaint. Thanks to Brian Irving for the news.

Maine Legislature Passes Bill Making Some Ballot Access Improvements for Minor Parties

On June 12, the Maine legislature passed HB 1571 and sent it to the Governor. It makes some improvements for ballot access for new parties. It makes it easier for newly-qualifying parties to remain on the ballot, by giving them two elections to increase their registration to 10,000 people who will actually go to the polls and cast a vote. Also it slightly improves the deadline for a new party to get its necessary 5,000 registrants to qualify for the first time. And, it sets up a procedure to resolve any dispute as to whether the group successfully did get 5,000 registrants.

Assuming the bill is signed into law, it will still be flawed. It is fundamentally irrational to require a newly-qualifying party to have 5,000 registrants to get on, but 10,000 to remain on. If 5,000 means that the party has a modicum of support, then that is true no matter how young or old the party is. Also the new deadline, January of the election year, is still far too early to survive a constitutional challenge by some new party in the future.

The bill passed on voice votes, with apparently no opposition.

Petitioning Period Opens for New York City Primary Candidates

New York city holds partisan primaries for city office on September 12, 2017. Petitioning for candidates to get on a primary ballot runs from June 6 through July 13.

The Independence Party leadership already chose its favored candidate for Mayor on January 5, 2017. That choice is Paul Massey, a Republican who also plans to run in the Republican primary.

The Conservative Party leadership chose its favored candidate for Mayor on May 17. That candidate is Nicole Malliotakis, who is also running in the Republican Party primary.

The Reform Party leadership chose Sal Albanese for Mayor, earlier this month. He is a Democrat who plans to run in the Democratic primary.

Richard “Bo” Dietl, another mayoral candidate, was recently blocked from running in the Republican primary because he is not an enrolled Republican. The last time he filled out a voter registration form, he accidentally checked the boxes for both the Democratic Party and the Independence Party. On June 8, the Supreme Court, Appellate Division, upheld the decision of the lower court that he is not an enrolled Republican. He had argued that because his new voter registration form was ambiguous, he should be considered to be a Republican because his previous registration form showed him to be a Republican. That case is Matter of Dietl v Board of Elections in the City of New York, 2017 NY Slip Op. 04573. Thanks to Richard Grayson for news about the Dietl lawsuit.