U.S. District Court Judge Won’t Enjoin New York Ban on Out-of-State Circulators

Posted on by July 14, 2016
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On July 14, U.S. District Court Judge Sterling Johnson, Jr., refused to enjoin the New York state law prohibiting out-of-state circulators. Merced v Spano, e.d., 16cv-3054. His reason is that the lawsuit wasn’t filed until one week before the start of the petitioning window. The decision says that the Libertarian Party has been petitioning in New York state starting in 1974. However, the order also says the Plaintiffs have demonstrated a likelihood of success, at least in overturning the law that says circulators must be registered voters in New York, as opposed to just residents of the state.

Sixth Circuit Expedites Kentucky Ballot Access Case

Posted on by July 14, 2016
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On July 14, the Sixth Circuit expedited the Kentucky ballot access case, Libertarian Party of Kentucky v Grimes, 16-6107. The issue is the Kentucky law that does not permit a group to become a qualified party until after it has polled 2% for President. Kentucky and Washington are the only states in which it is impossible for a group to become a qualified party except by a showing in the presidential election. Those states would make it impossible for any party to be ballot-qualified if they weren’t interested in the presidential election. There are many one-state parties in the U.S. who do not participate in the presidential election.

The briefs are to be filed by July 28. The plaintiffs are the Libertarian and Constitution Parties. The purpose of expediting this case is to make it possible for any decision to be in time for this year’s election. The U.S. District Court had upheld the law on July 8.

Oral Arguments Held in Arizona and Tennessee Ballot Access Lawsuits

Posted on by July 14, 2016
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On July 12, U.S. District Court Judge David G. Campbell held a hearing in Libertarian Party of Arizona v Reagan, 2:16cv-1019. The issue is the new law that sharply increases the number of write-in votes needed in the primary of a small qualified party to nominate someone. Because the primary is August 30, a decision, at least on injunctive relief, is likely to be issued soon. However, the state wants to depose some or all of the Libertarians who have filed to be write-in candidates in the Libertarian primary.

On July 12-13, U.S. District Court Judge Waverly Crenshaw held a trial in Green Party of Tennessee v Hargett, 3:11cv-692. The issue is the number of signatures needed for a party to get on the ballot, 2.5% of the last gubernatorial vote. No party in Tennessee has successfully completed the petition for party status since 1968. The plaintiffs are the Green and Constitution Parties. A decision is expected in August.