Trial Set in Arkansas Libertarian Ballot Access Case

On May 11, U.S. District Court Judge James M. Moody, Jr., moved the trial in Libertarian Party of Arkansas v Martin from August to July 11. The issue is whether the Libertarians who were nominated at a convention a few months ago should be on the November ballot. The Libertarian Party, as a new party, nominates by convention and does not have a primary. The state law says new parties must have their only nominating convention more than a year before the general election. Although the Libertarian Party did comply with this law and nominated many candidates in November 2015, since then it has held another nominating convention, and nominated more candidates.

The party contests the law that says all its nominees must have been chosen more than a year before the election. The judge’s decision to move the hearing to July shows that he is taking the case seriously.

The major parties nominate all their candidates in a March primary in the election year itself.

U.S. District Court Sets May 19 Oral Argument in Kentucky Ballot Access Case

U.S. District Court Judge Gregory Van Tatenhove will hear oral argument in Libertarian Party of Kentucky v Grimes, 3:15cv-86, on Thursday, May 19, at 11 a.m. in the federal courthouse in Frankfort, Kentucky. Case number 3:15cv-86. The Constitution Party is a co-plaintiff.

The issue is Kentucky’s failure to have a procedure by which a previously unqualified party can become a qualified party, in advance of an election. Kentucky only has candidate petitions, not party petitions. If and only if the presidential candidate of an unqualified party polls 2% will the group become a qualified party. In the last 100 years, only four times has any group met this hurdle: Progressive in 1924, American in 1968, Anderson Coalition in 1980, and Reform in 1996.

Besides Kentucky, other pending ballot access cases that will determine whether certain minor parties get on the ballot for President and other office in time for the 2016 election, without further petitioning, are in Maine, Ohio, Pennsylvania, and Tennessee. There are also cases pending that only affect other office, not President, in Arkansas and South Dakota.

Oregon Independent Party, and Minnesota Independence Party, Will Try to Work for a Joint Presidential Nominee with Other Centrist Parties

The Oregon Independent Party (which is ballot-qualified) and the Minnesota Independence Party (which is not ballot-qualified) announced on May 10 that they will seek to organize all the nation’s centrist minor parties and possibly nominate a presidential candidate. They are planning a national meeting but have not yet decided whether it will be before, during, or after the major party presidential conventions.

Other centrist parties on the ballot include the Independent Party of Delaware, the Independent Party of Florida, the Independence Party of Florida, the Independent Party of Hawaii, the United Independent Party of Massachusetts, the Natural Law Party of Michigan, the Independence Party of New York, the Moderate Party of Rhode Island, the American Party of South Carolina, and the Independence Party of South Carolina. Also, the Reform Party is on the ballot in Florida, Louisiana, and Mississippi. The Oregon Independent Party and the Minnesota Independence Party has not said publicly which parties they are in touch with, but chances are the parties named above are on their list.