On May 11, the Maine Libertarian Party filed this 7-page brief in Libertarian Party of Maine v Dunlap, 2:16cv-2. The issue is whether the party should be on the ballot this year, and whether a December 1 deadline (in the year before the election) can be constitutional. Even if you don’t normally read briefs, this one is very clear, interesting, and short.
On May 11, the Colorado legislature adjourned, without passing any bill for a presidential primary in future years. In 2016 Colorado had no presidential primaries, and the major parties used caucuses to choose delegates to their national conventions.
There will be plenty of time for the legislature to pass a presidential primary bill in 2017, 2018, or 2019.
On May 10, Reuters/IPSOS released this poll for the presidential general election. It shows Hillary Clinton 36.2%; Donald Trump 35.8%; other or won’t vote 27.9%.
When the people who say they probably won’t vote are eliminated, the percentages are: Clinton 41%; Trump 40%; other or undecided 19%.
On May 11, the Ninth Circuit heard arguments in Arizona Green Party v Reagan, 14-15976. This Courthouse News Service story describes the hearing.
However, the story does not mention that the Green Party, which missed the deadline in 2014, did nevertheless complete the petition, albeit not until May 2014. The party’s attorney brought the completed petition into the U.S. District Court to demonstrate that the party did complete the petition. Technically, however, this is not considered evidence.
Another point not mentioned in the story is that Arizona’s deadline for an independent presidential candidate is only sixty days before the general election, and that petition this year requires 35,514 signatures. Also, the Arizona Constitution says the petition deadline for statewide initiatives is only four months before the general election, and Arizona statewide initiatives require hundreds of thousands of signatures. Yet the state seems able to cope. Logically, one wonders why the state needs the new party petition six months before the primary.
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.
