Procedural Win In Maryland Ballot Access Case

On June 13, U.S. District Court Judge George L. Russell, an Obama appointee, issued a ruling in Dorsey v Lamone, 1:15cv-2170. This is a challenge to Maryland’s law that requires a statewide independent candidate to obtain 40,603 signatures this year, whereas new parties in Maryland only need 10,000 signatures. Judge Russell denied the state’s request to dismiss the case. Now there will be a trial, or at least some method of introducing facts into the case. The judge specifically wants to know how many statewide independent candidates have qualified in Maryland in recent years. The answer is only one, S. Rob Sobhani, for U.S. Senate in 2012.

Arizona Libertarian Party Asks for Injunctive Relief Against New Difficult Requirement for Libertarians to Win Nominations in Primary via Write-ins

On June 7, the Arizona Libertarian Party asked a U.S. District Court to enjoin the new Arizona law that sharply increased the number of write-ins needed for a Libertarian to be considered the winner of his or her primary. The old law only required a few write-ins, assuming the candidate is unopposed in the Libertarian primary. But the new law requires even unopposed candidates to get such a large number of write-ins that winning is impossible.

The earlier Libertarian request to enjoin the number of signatures for a Libertarian to get on the primary ballot was refused on the basis that the request had been made only weeks before the primary ballots were being printed. But that objection does not apply to any action on the number of write-ins needed in the primary. The Libertarian court filing attached a 1980 decision from federal court in Arizona, striking down the number of write-ins needed for members of the Socialist Workers Party to win their party’s primary. The Socialist Workers Party was a ballot-qualified party with its own primary in Arizona and 1976 and 1980.

This Libertarian lawsuit has no impact on the presidential race, but if Libertarians don’t get any relief, there will probably be only one Libertarian on the November ballot in Arizona for office other than president.

U.S. Supreme Court Refuses to Hear Samoa Case over Citizenship

On June 13, the U.S. Supreme Court refused to hear Tuaua v United States, 15-981. The issue was this language in the 14th amendment, “All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.” American Samoans are not citizens of the U.S., but in this case some Samoans argued that the Constitution requires that they be considered citizens. The lower court had ruled against the Samoans. The Samoans had hired noted U.S. Supreme Court practitioner Ted Olson to handle their case in the U.S. Supreme Court, but to no avail.

May 2016 Ballot Access News Print Edition

Ballot Access News
May 1, 2016 – Volume 31, Number 12

This issue was printed on white paper.


Table of Contents

  1. OKLAHOMA LEGISLATURE PASSES BILL TO EASE VOTE TEST FOR PARTY RETENTION FROM 10% to 2.5%
  2. VERMONT EASES DEADLINE
  3. OKLAHOMA TAKES ELECTORS OFF BALLOT
  4. THREE PENNSYLVANIA PARTIES ASK JUDGE TO PUT THEM ON BALLOT
  5. PENNSYLVANIA WIN
  6. JUDGE UPHOLDS DISCRIMINATORY CALIFORNIA BALLOT LABELS
  7. MAINE COURT DENIES LIBERTARIANS
  8. OTHER LAWSUIT NEWS
  9. CONSTITUTION PARTY PRESIDENTIAL CONVENTION VOTE
  10. 2016 PETITIONING FOR PRESIDENT
  11. PRESIDENTIAL PRIMARY CANDIDATES WHO GOT ON BALLOTS IN MARCH & APRIL
  12. JILL STEIN AWARDED PRIMARY SEASON MATCHING FUNDS
  13. SOCIALIST EQUALITY TICKET
  14. ANTI-TRUMP REPUBLICANS HOPE TO RECRUIT GENERAL MATTIS TO RUN AS INDEPENDENT CANDIDATE
  15. LIBERTARIAN WINS NON-PARTISAN OFFICE IN SOUTH DAKOTA
  16. CONGRESSIONAL CANDIDATE QUALFIES IN TWO STATES
  17. AMERICAN INDEPENDENT PARTY GETS MUCH PUBLICITY
  18. SUBSCRIBING TO BAN WITH PAYPAL