Currently Delaware permits new parties to get on the ballot as late as August of election years. In Delaware, only the Democratic and Republican Parties nominate by primary; all other parties nominate by convention. Last month the Delaware House passed HB 89, moving the Delaware primary for all office from September to April, but the bill did not alter the deadline for newly-qualifying parties to get on the ballot or otherwise affect minor parties.

However, on April 25, Delaware Senator Margaret Rose Henry (D-Wilmington), the Senate Majority Leader, filed an amendment to the bill. It would force newly-qualifying parties to qualify by March, and require all minor parties to choose their non-presidential nominees no later than April. The amendment has not received a vote.

The Utah Republican Party continues to fight the Utah law that forces the party to allow candidates into its primary who have little or no support at party meetings. The law allows candidates to petition onto the primary ballot, but the party doesn’t want such candidates unless they had substantial support at party endorsement meetings.

On April 20, the Utah Republican Party filed its reply brief. The state had filed its brief, in support of the law, on March 20. The case is Utah Republican Party v Cox, 16-4091. One of the odd things about the Republican Party’s briefs is that, even though the party doesn’t want anyone to be able to petition onto the Republican Party primary ballot, the party also argues that the petition requirements set forth in the state law are so difficult that they are unconstitutional.

The U.S. Supreme Court will consider the Hawaii and Montana open primary cases at its May 11 conference. The Democratic Party of Hawaii and the Republican Party of Montana are both hoping that the Court will accept their cases. The lower courts had upheld the open primaries in both states, saying there is no evidence that those parties are injured by the open primaries.