U.S. District Court in Arkansas Re-confirms that Requiring Newly-Qualifying Parties to Nominate a Year before the Election is Unconstitutional

On September 12, U.S. District Court Judge James M. Moody, Jr., again found that Arkansas election law concerning when newly-qualifying parties must nominate their candidates is unconstitutional. He had made a similar ruling on July 15, but on August 12 the state had asked for reconsideration. Libertarian Party of Arkansas v Martin, e.d., 4:15cv-635.

The law says new parties must hold their nominating convention an entire year before the election. The Libertarian Party had complied with this law by holding its nominating convention for 2016 on October 24, 2015. But it had wanted to nominate some more candidates, and had held a second convention in February 2016. The state argued in its request for reconsideration that the party lacked standing, because it complied with the law when it held its first convention.

Of course, if the party had not held a convention in October 2015, it would have run the risk that it might possibly lose the lawsuit (which had been filed in 2015) and then be left with no candidates in 2016.

The ruling of July 15, 2016, which has now been affirmed, applies to future elections as well.

For First Time in its 16-Year History, Independent Party of Delaware Has No Statewide Nominees

The Independent Party of Delaware is the third largest party in Delaware, by voter registration; only the Republican and Democratic Parties have more registrants. It has 4,459 registered members, close to 1%. It has been on the ballot starting in 2000. In 2016, for the first time, it is not running any statewide nominees. This year, its only candidates are one for the legislature, and two for Wilmington city office.

The statewide races up this year in Delaware are President, U.S. House, Governor, Lieutenant Governor, and Insurance Commissioner. The party’s best showing in a statewide race was in 2010, when it polled 21.09% for Attorney General, in a race with no Republican.

The party’s only presidential nominee has been Ralph Nader, in both 2004 and 2008.

Democratic Party Has No Nominee for U.S. House in Three of Arkansas’ Four Districts

This year, there is no Democratic Party nominee for U.S. House in the First, Third, and Fourth Districts of Arkansas. By comparison, in 2014, Democrats had nominees in three of the four districts.

This year and also in 2014, Libertarians ran for all four seats. There were no independent candidates either year, and no nominees of any other party.

Why Evan McMullin’s Wyoming Petition Failed

As noted earlier, Evan McMullin submitted approximately 5,500 signatures in Wyoming to be on the ballot. The law requires 3,302. However, Wyoming law does not allow voters to sign for more than a single independent candidate for the same office. Approximately one-third of the McMullin signers had also signed for either Jill Stein or Rocky De La Fuente. Because those two candidates filed their petitions before McMullin did, the signatures of those multiple signers did not count for McMullin.

The order in which the candidate signed the petition can be determined (because signers show the date of signing) but is not material. The signature that counts is the first one submitted to the Secretary of State.