Utah Republican Party Appeals to Tenth Circuit in Open Primary Lawsuit

The Utah Republican Party has asked the Tenth Circuit to hear its appeal in Utah Republican Party v Herbert. The issue is the state law that requires parties to let candidates who have little support at party meetings to try to petition their way onto the primary ballot. In the Tenth Circuit, there are three case numbers: 16-4058, 16-4091, and 16-4098. The U.S. District Court had upheld the state law. The Republican Party does not want anyone on its primary ballot unless he or she showed substantial support at a party caucus.

American Party of South Carolina Nominates Peter Skewes for President

On May 15, the ballot-qualified American Party of South Carolina nominated Dr. Peter Skewes for President. The party also nominated candidates for U.S. Senate, 3 U.S. House seats, and one state house seat. Skewes is a professor at Clemson University and a veterinarian. The American Party was created in 2014 and considers itself a centrist party.

The Skewes web page is peterforpresident.us. Thanks to Lynn Kahn for this news.

Green and Constitution Parties Will Ask to be Put on Tennessee Ballot at Court Hearing June 8

On June 8, a hearing will be held in U.S. District Court in Green Party of Tennessee v Hargett, m.d., 3:11cv-692. The political parties will ask for an injunction, putting them on the ballot for the 2016 election. This lawsuit had been suspended earlier in 2016 in the hopes that the legislature would ease the ballot access law for newly-qualifying parties, but the legislature did not act. The law on how a party remains on the ballot had been struck down by the Sixth Circuit on July 2, 2015.

Minnesota Legislature Deletes the Two Provisions from the Omnibus Election Law Bill that Help Ballot Access

On May 20, the Minnesota House amended SF 2381, the omnibus election law bill. The amendment deletes the only two provisions of the bill that ease ballot access. The amendment was moved by Representative Tim Sanders (R-Blaine). The next day, the House passed the amended bill, and the Senate concurred. Governor Mark Dayton signed the bill on May 22.

Minnesota has traditionally been friendly to candidates that run outside the two major parties, but that is no longer the case. Minnesota is one of only eleven states with no ballot-qualified parties other than the Democratic and Republican Parties. The Minnesota petition for a group to become a qualified party, passed in 1913, is so stringent, it has never been used. It requires the signatures of 5% of the last vote cast, due May 2. Because the legislature made no ballot access improvements during 2016, it is likely that one or several unqualified parties will sue the state next year. Under the 8th circuit precedent McLain v Meier, the Minnesota party petition is probably unconstitutionally difficult. Minnesota is in the 8th circuit. McLain v Meier struck down the North Dakota party petition, which required 15,000 signatures and was due June 1.