Independent Party Becomes a Ballot-Qualified Party in Louisiana

Last month, the Independent Party became a ballot-qualified party in Louisiana. It became a party by showing that over 1,000 voters are registered as members of the party, and by the state officers paying a filing fee of $1,000. The Independent Party has no connection to any third party in any other state. It is a centrist party. See this story. Thanks to Randall Hayes for the link.

The Independent Party of California tried to do exactly the same thing in California, but the California Secretary of State refused to even tell the California county election officials to provide a tally of how many Californians are registered in the Independent Party.

Rocky De La Fuente Tells Court that He Plans to Seek Democratic Party Nomination for President in 2020

On January 9, 2017, Rocky De La Fuente asked permission from a federal court in Pennsylvania to amend his complaint in his ballot access case. The issue is whether Pennsylvania can constitutionally bar persons who ran in a presidential primary from then running as an independent later that year. The request to amend the complaint says that De La Fuente has already begun planning his presidential run in 2020. It says he plans to again run in Democratic presidential primaries. It says if he doesn’t win the nomination, he will then be an independent candidate in 2020.

Assuming the court grants permission for the amended complaint, the new complaint will guarantee that the case does get adjudicated, although ballot access constitutional cases are not normally deemed to be moot when the election is over in any event. The case is De La Fuente v Cortes, m.d., 1:16cv-1696.

Ohio Libertarians File Reply Brief in Ohio Supreme Court

Here is the final brief in State ex rel Fockler v Husted, filed on January 9 by the Libertarians who sponsored the Johnson-Weld petition last year. The issue is whether the group’s presidential candidate having received over 3% of the vote in November 2016 creates a new party. The case is based on the language of the statute itself. This is a case of statutory construction, not constitutionality.

U.S. Supreme Court Won’t Hear One of the Ohio Libertarian Party Ballot Access Cases

On January 9, the U.S. Supreme Court refused to hear Libertarian Party of Ohio v Husted, 16-580. This is one of the three Ohio Libertarian Party cases that had been pending. This one charged that the 2013 ballot access restrictions violate the U.S. Constitution because they deny newly-qualifying parties a means to obtain a membership list, whereas old parties do obtain such a list.

The two other cases are in state court. One, also called Libertarian Party of Ohio v Husted, charges that the 2013 law violates the State Constitution, which appears to require that all qualified parties nominate by primary. It is pending in the State Court of Appeals. The other, State ex rel Fockler v Husted, argues that state law requires the Secretary of State to recognized that Gary Johnson’s vote in November 2016 created a new ballot-qualified party. It is pending in the State Supreme Court.

Puerto Rico’s New Governor and New Representative to Congress Both Working for Statehood

On November 8, 2016, Puerto Rico voters elected Ricardo Rossello as Governor, and elected Jennifer Gonzalez-Colon as Resident Commissioner. “Resident Commissioner” is the Puerto Rico term for the delegate sent to the U.S. House of Representatives.

Both are nominees of the New Progressive Party, which favors statehood. Governor Rossello plans to work for legislation that would enable Puerto Rico voters to hold elections for two U.S. Senate seats and five U.S. House seats. That would probably involve a districting plan to create five U.S. House districts. Puerto Rico’s population would entitle it to five seats if it were a state.

Commissioner Gonzalez-Colon, the first woman to represent Puerto Rico in the U.S. House, has already introduced HR 260, to begin the process for statehood. The text of the measure is still not on the web page for Congress. The bill was introduced January 4, 2017.