On February 14, the U.S. Supreme Court asked the Montana Secretary of State to respond to the Republican Party’s cert petition. The issue is whether the Republican Party has a freedom of association right to opt out from an open primary. 16-806. The court asked the state to respond by March 16.
As previously noted, on February 1, the Eleventh Circuit agreed with the U.S. District Court, that Georgia’s requirement of approximately 50,000 signatures for presidential independent and minor party petitions is too high. On February 22, the state asked the entire Eleventh Circuit to reconsider the decision. Green Party of Georgia v Kemp, 16-11689.
On February 22, the Arkansas Senate passed HB 1532. It had passed the House on February 16. It eases the deadline for a newly-qualifying party to nominate non-presidential candidates, from November of the year before the election, to May of the election year. Assuming the Governor signs it, it will moot the Libertarian Party ballot access lawsuit that is now pending in the Eighth Circuit. The party had won the case in U.S. District Court last year, but the state had appealed. But the appeal will have no purpose, when HB 1532 is signed.
On February 16, the Arizona Senate Judiciary Committee passed SB 1307, which moves the deadline for a qualified party to submit its presidential elector candidates from June to late August.
On February 13, the South Dakota legislature passed HB 1037. It allows independent candidates for president to use a stand-in for vice-president, and allows an independent gubernatorial candidate to use a stand-in for Lieutenant Governor. Also it moves the deadline for a newly-qualifying party from March to July, but only if that new party is willing to forego running candidates for Congress, Governor or legislature.
