U.S. District Court Upholds Arizona Primary Petition Requirement

On July 10, U.S. District Court Judge David G. Campbell, a Bush Jr. appointee, upheld the 2015 Arizona law that sharply increased the number of signatures a member of an established small qualified party needs to get on his or her own party’s primary ballot. Arizona Libertarian Party v Reagan, cv-16-1019. The decision is 30 pages. The new law also sharply increased the number of write-in votes needed for a member of a minor party to be considered nominated (assuming he or she gets the most votes of anyone seeking that nomination).

The 2015 law, passed by the majority Republicans in the legislature, seemed aimed at stopping Libertarians, and only Libertarians, from running for partisan office. It did not injure the ballot-qualified Green Party, and made only slight changes for Democrats and Republicans. Whereas the old law set the number of signatures to get on a party primary ballot as a percentage of the the party’s number of registered voters, the new law says the number of signatures is a percentage of all the registered voters. However, not all registered voters can sign. A Libertarian primary petition can be signed by registered voters who are not Democrats or Republicans.

The Green Party was not injured by the 2015 law because it is considered a “new” party, even though it last petitioned for party status in 2014 (for the 2016 and 2018 elections), and members of new parties only need a tiny number of signatures to get on their party’s primary ballot, and only need one write-in to get a nomination by write-in. The decision says the law is not discriminatory, relative to Libertarians and Greens, because it wasn’t passed with discriminatory intent, and also because the Greens (due to their failure to ever have registration of at least two-thirds of 1%) are forced to do a party petition every four years.

The decision is based on Munro v Socialist Workers Party, a 1986 U.S. District Court decision that upheld Washington state’s old ballot access law. That old law said a minor party or independent candidate could not appear on the November ballot unless he or she got 1% in the September blanket primary (all voters got the same ballot, and it listed all candidates from all parties). The Arizona decision says that law was also hard on minor party and independent voters, because under the Washington state law, only one of twelve minor party candidates got the 1%, and yet it was constitutional. But the Arizona decision doesn’t mention footnote eleven of the Munro decision, which said that 40 minor party and independent candidates (out of 45 who tried) successfully got on the Washington state general election ballot for non-statewide office. The reference to one of twelve only referred to statewide offices. The impact of the Arizona law on the 2016 Libertarian campaign was so severe that only one Libertarian for any partisan office managed to appear on the November ballot (excluding president, which has nothing to do with primaries).

The decision excludes some of the evidence submitted by the Libertarian Party, for various procedural reasons. It is very likely that the party will appeal to the Ninth Circuit. The major flaw with the decision is that it requires Libertarian candidates, seeking their party’s nomination, to ask for signatures for independent voters, which violates the party’s associational rights. In response to that point, the Arizona decision says the party should just go out and increase its registration (see pages 21 and 27).

UPDATE: under the logic of the decision, there is no rational reason why all voters shouldn’t be allowed to sign Libertarian primary petitions. Yet the law doesn’t allow Democrats or Republicans to sign.

Arkansas Secretary of State Says Libertarian Party Petition is Valid

On July 7, the Arkansas Secretary of State determined that the Libertarian Party’s petition for party status is valid. The party is now free to nominate by convention for its 2018 nominees. The party is now on the 2018 ballot in 39 states plus D.C. (although in Georgia, it is only on for statewide office, not district or county office; and in Connecticut, it is on for some but not all offices).

The eleven states in which the party is not on the 2018 ballot are Alabama, Illinois, Minnesota, New Jersey, New York, Ohio, Pennsylvania, Rhode Island, Tennessee, Virginia, and Washington. Of those eleven states, three of them have a ballot-qualified party other than just the Republican and Democratic Parties. They are New York, Ohio, and Rhode Island. The Green Party is on in Ohio and the Moderate Party is on in Rhode Island. New York has eight qualified parties, including Green, Conservative, Working Families, Independence, Reform, and Women’s Equality.

Oregon Legislature Adjourns, After Having Passed Four Election Law Bills

The Oregon legislature adjourned on July 7. This year’s session passed four election law bills. The most significant was SB 802, allowing 16-year-olds to register to vote (although they won’t be able to vote until they are 18). The law had already allowed 17-year-olds to register.

HB 2696 made a slight change to the Voters Pamphlet regarding bond measures. HB 3408 clarified that an applicant to become a registered voter need not be the person who delivers the form. HB 2298 expanded the list of candidates who must file a Statement of Economic Interest.

New Colorado Voter Registration Data

The Colorado Secretary of State has posted the July 1, 2017 voter registration data. The percentages for each party are: Democratic 31.49%; Republican 31.25%; Libertarian 1.18%; Green .34%; Constitution .32%; Unity .03%; independents and others 35.40%.

In November 2016, the percentages were: Democratic 31.80%; Republican 31.51%; Libertarian 1.16%; Green .35%; Constitution .30%; Unity .02%; independents and others 34.86%.

New South Dakota Registration Data

The South Dakota Secretary of State’s web page keeps a running tally of the number of registered voters in each party. Here is a link to the totals as of July 8, 2017. The percentages are: Republican 46.21%; Democratic 30.68%; Libertarian .31%; Constitution .09%; other and independent 22.72%.

Just before the November 2016 election, the percentages were: Republican 46.31%; Democratic 31.35%; Libertarian .30%; Constitution .09%; other and independent 21.95%.