On October 21, U.S. District Court Judge Robert C. Chambers issued this 15-page opinion in Daly v Tennant, s.d., 3:16cv-8981. It explains why the judge put Darrell Castle on the West Virginia ballot on September 22, along with various other Socialist Equality and Constitution and independent nominees for various offices. Sometimes judges issue injunctions and don’t explain their basis immediately, and this case is an example of that. The October 21 order explains that West Virginia’s law, requiring independent candidates and the nominees of unqualified parties, to file a declaration of candidacy in January, appears to violate the U.S. Constitution. The order says a January deadline “prematurely cuts off such candidate’s opportunity to respond to later developements…the January deadline deprives these candidates from knowing the political climate of the major parties and what issues will come to the forefront during campaigns. It also seriously impairs their abilities to raise support, money, and recognition for their campaigns.”

These quotes have special resonance, given the August 2016 entrance into the campaign by Evan McMullin. Although McMullin was not a plaintiff in the West Virginia case, and did not get on the West Virginia ballot, he would have been a model candidate-plaintiff for lawsuits against early deadlines in many states, especially Texas, Illinois, Indiana, and North Carolina. McMullin’s failure to file any ballot access lawsuits is a missed opportunity.

The Durango Herald has this explanation of Colorado’s proposition 108, which would require parties that polled 10% in the last gubernatorial election, and which therefore have primaries, to let independents vote in their primaries. However, the parties would have the option of giving up their primaries in any particular year and nominating by convention, but only if 3/4ths of their state central committees agree to do that.

Under current Colorado law, independents can decide on primary election day that they want to vote in a major party primary, but to do that they are technically joining the major party whose primary ballot they choose. Proponents of the initiative say some voters are conscientiously opposed to taking that step.

Also under current law, in rare cases, the ballot-qualified minor parties (Libertarian, Green, Constitution) have primaries for a few offices. This only happens when those parties hold a nominating convention and two candidates for a particular office both make a strong showing at the convention. It has never happened for a statewide office. Proposition 108 would not change that, and qualified minor parties could still choose not to allow independents in these occasional primaries.

This year, there are Democratic candidates for state legislature in 4,690 of the races. There are Republican candidates for state legislature in 4,655 races. This is the first time since 2008 that there have been more races with a Democrat running than with a Republican running.

In 41.7% of the legislative races this year, either the Republicans, or the Democrats, failed to run anyone. That isn’t quite as bad as 2014, when the percentage of races without one of the major parties was 43.3%.