U.S. District Court Enjoins Out-of-State Circulator Ban for Presidential Primary Petitions, at Least as Applied to Shawn Wilmoth

On March 1, U.S. District Court Judge Janet C. Hall granted a temporary restraining order, prohibiting the Connecticut Secretary of State from blocking Shawn Wilmoth from circulating a presidential primary petition for Rocky De La Fuente. Wilmoth v Merrill, 16-cv-223. The order is one page and says, “The Secretary is enjoined from enforcing sections 9-468, 9-410(c), and 9-412 of the Connecticut General Statutes, to the extent that these sections impose an in-state residency restriction upon Wilmoth’s circulation of petitions to seek Rocky De La Fuente’s inclusion on the ballot for the 2016 Democratic primary election for President.”

Although the same judge, on January 27, 2016, had enjoined Connecticut’s out-of-state circulator ban for general election petitions, this new order is still somewhat surprising. The state had argued that the ban on out-of-state circulators for primary petitioners is intended to protect political parties from outside interference. In this case, however, the Democratic Party didn’t intervene to “protect” itself against out-of-state circulators. And Wilmoth had presented evidence that even though he lives in Michigan, not Connecticut, he is a Democrat.

Another hearing will be held in this case on March 10 at 4 p.m.

South Dakota Attorney General Rules that Candidates in Minor Party Primaries Can Circulate Petitions to get Themselves on Primary Ballots, Before those Parties Have Attained Qualified Status

On March 1, the South Dakota Attorney General ruled that candidates who are seeking to place themselves on the primary ballot of a party that is not yet qualified may circulate such candidate primary petitions, even before that party has qualified. South Dakota has very difficult petition requirements for members of small parties to get themselves on their own party’s primary ballot. Candidates for Governor, U.S. Senate, and U.S. House need 250 signatures of party members. This is not easy if the party only has, for example, 500 registered members.

South Dakota primary candidate petitions circulate between January 1 and the last Tuesday of March. The March 1 ruling means that candidates who want to be on the primary ballot can start those difficult 250-signature petitions on January 1, whether their party has become qualified at that time or not. Thanks to Stephen Pevar for this news.

Vice Magazine Interviews Peter Diamondstone, Leader of Liberty Union Party of Vermont, About Bernie Sanders

Vice Magazine, which is a print and on-line magazine for youth, has this interesting interview with Peter Diamondstone. The subject is the relationship between Diamondstone and Bernie Sanders. They were founders of the Liberty Union Party of Vermont in 1971. That party is still ballot-qualified, and Diamondstone is still a leader of that party.

The story says the party failed to receive enough votes in 2008 to retain its status as a party entitled to a primary. But the party did get enough votes in 2014 to regain its status as a party entitled to a primary. However, it doesn’t have a primary this year, because the legislature added an additional requirement, that such parties must be organized in thirty towns in order to qualify for a primary. But the party is on the general election ballot and it nominates by convention. Thanks to Eric Garris for the link.

Text of Proposed California Legislative Resolution, Asking Secretary of State to Prepare Advisory Presidential Primary Ballots, Now Available

As reported earlier, California Assemblymember Kristin Olson and Senator Anthony Cannella have introduced ACR 145. The text is now available. It would ask the Legislature to resolve that the Secretary of State print an “advisory ballot” listing all presidential candidates whose names are already on the ballot of one of the already-existing presidential primaries. The ballot would be intended for the voters who don’t want to choose one of the partisan primary ballots.

This year, six parties have partisan presidential primaries in California, with a total of 43 different presidential candidates on the six ballots. Also this year, independent voters are offered a Democratic, Libertarian, and American Independent Party ballot, if they wish to use them. But independents cannot obtain a Republican, Green, or Peace & Freedom presidential primary ballot, unless they join one of those parties by May 23.

If Assemblymember Olson and Senator Cannella were serious about this idea, they would have introduced a bill, not a resolution. The proposal would be expensive, and the Secretary of State has no authority to tell county election officials to spend public funds, in the absence of a law.