Arkansas Libertarian Lawsuit to Receive a Ruling by July 18

On July 11, U.S. District Court Judge James M. Moody, Jr., held a trial in Libertarian Party of Arkansas v Martin. The issue is the 2015 law that says new parties (which nominate by convention, not primary) must choose all their nominees (except President) by November of the year before the election. The Libertarian Party did choose some nominees by that deadline last year, but held another state convention in early 2016 and nominated some more.

Judge Moody said he would rule by July 18 on whether the new nominees can be listed on the November ballot. The Libertarian Party is the only ballot-qualified party in Arkansas this year, other than the Democratic and Republican Parties. However, some other parties have petitioned to be ballot-qualified just for the presidential election. The deadline for that presidential party petition is August 1.

Green Party Presidential Nominee Will Appear on Arizona November Ballot

On July 12, the Arizona Secretary of State settled the Arizona Green Party lawsuit over the timing of presidential elector filing. Even though the party was late filing its list of presidential elector candidates, the Secretary of State is asking a U.S. District Court to issue an injunction allowing the filing to be considered valid. Sometimes when ballot access lawsuits are filed, states agree with the plaintiffs and there is no need for further court activity. The case is Arizona Green Party v Reagan, 2:16cv-2027.

The Arizona Libertarian Party had also been late with its presidential elector candidates in 1996, but had won a similar case in state court, although that 1996 case was contested. It seems somewhat likely that in 2017 the Arizona legislature may change the law on presidential elector filing. The current law has a June 1 deadline for parties to submit their presidential elector candidates, but that deadline is a relic of the days when parties chose presidential elector candidates in primaries. There is no rational reason for the elector candidates to be chosen so early, before the major parties even know who their presidential and vice-presidential nominees will be. This story says the Secretary of State will ask the 2017 session of the legislature to revise the deadline.

U.S. District Court Enjoins Virginia Law Telling Delegates to Major Party National Conventions How to Vote

On July 11, a U.S. District Court in Virginia enjoined the state law that tells delegates to major party presidential conventions that they must vote for the candidate who won the Virginia presidential primary for that party. However, the decision will have little practical effect. The national party is still free to have its own rules binding delegates. The case had been filed by Beau Correll, a Republican delegate who supports U.S. Senator Ted Cruz for the Republican nomination.

The case is Correll v Herring, e.d., 3:16cv-467. The decision is 65 pages long.