District of Columbia Board of Elections Says All Three Libertarian District-wide Petitions are Valid

On August 30, the District of Columbia Board of Elections determined that all three Libertarian petitions for district-wide office are valid. They are for President, Delegate to the U.S. House, and City Council-at-large.

There is no Republican nominee for Delegate to the U.S. House, so it is very likely that the Libertarian nominee will get at least 7,500 votes, restoring the party’s qualified party status. In 2012, when the Republican Party also didn’t run for Delegate, Bruce Majors, the Libertarian nominee, received 16,524 votes.

The three qualified parties in D.C. are Democratic, Green, and Republican. The Libertarian Party was qualified from November 2012 to November 2014. Here is a link to the list of candidates.

Florida Ballot Filing Extended Due to Secretary of State’s Office Closing September 1-2

Tallahassee, Florida government offices are closed September 1-2, due to a hurricane. The deadline for parties to qualify and also to certify their presidential elector candidates had been September 1. The Governor has proclaimed that deadlines of various sorts will be tolled, so this year it appears the true deadline is Tuesday, September 6, because Monday, September 5, is Labor Day.

Thus it probably won’t be possible to know which presidential candidates will be on the Florida ballot until next week. The Evan McMullin candidacy in Florida is dependent on whether he qualified a new party in Florida, or possibly whether the Independent Party or the Independence Party (which are already on the ballot) might possible have nominated him.

Nevada Green Party Loses Ballot Access Lawsuit

On September 1, U.S. District Court Judge Jennifer Dorsey upheld Nevada’s June petition deadline for unqualified parties to submit a petition for ballot access. Nevada Green Party v Cegavske, 2:16cv-1951.

The decision acknowledges that in 1992, another U.S. District Court Judge in Nevada enjoined the June 10 deadline. The current deadline is June 3. But Judge Dorsey said the 1992 precedent doesn’t apply because back then, the petition requirement was 3%, and nowadays it is 1%. This is an erroneous conclusion of law. Early petition deadlines for presidential independent candidate are unconstitutional no matter how few signatures are required. This is obvious, because in Anderson v Celebrezze, Ohio’s independent petition deadline was too early, even though the number of signatures was only one-tenth of 1% of the last presidential vote cast, and was only eight-hundredths of 1% of the number of registered voters. That percentage is mentioned in the U.S. District Court decision in Anderson v Celebrezze.

Judge Dorsey mentioned that the Ninth Circuit had struck down Arizona’s independent petition deadline in 2008, and Arizona’s petition deadline was later than Nevada’s deadline. But she wrote that in Arizona, few independent candidates for president ever qualified, whereas in Nevada, the Libertarian and Independent American Parties are on the ballot. But the Libertarian and Independent American Parties have not had to petition since 1986 (in the case of the Libertarians) and even earlier for the IAP, so that is irrelevant. Judge Dorsey also mentioned that the Green Party was on the ballot in Nevada in the past.

Judge Dorsey did not mention that June petition deadlines have been invalidated in South Dakota, Alaska, and Kansas. However, the latter two were unpublished opinions. UPDATE: here is a news story about the decision, although it doesn’t explain the lawsuit very well.

Michigan Straight-Ticket Device Will Be on November 2016 Ballot

On September 1, all the full-time judges of the Sixth Circuit released an order concerning Michigan’s straight-ticket device and whether it should be on the ballot this year. By 9-6, the judges voted not to disturb the device this year. Michigan State A. Philip Randolph Institute v Johnson, 16-2115. Thanks to Bill Hall and Rick Hasen for this news. The case is still alive and will get further along after the election is over.