U.S. District Court in New Jersey Rejects Lawsuit on Primaries Only One Day After Last Brief Filed

On August 14, U.S. District Court Judge Stanley R. Chesler upheld New Jersey’s closed primary system, in Balsam v Guadagno, 14-1388. Here is the twelve-page decision. The decision came down only one day after plaintiffs’ last brief had been filed.

The plaintiffs had not said anything about how independent candidates and the nominees of unqualified parties get on the general election ballot. However, the judge made reference to that subject, and said, accurately, that it is relatively easy (New Jersey only requires 800 signatures for such candidates to get on the ballot for statewide office, and never more than 100 signatures for other office) Thanks to Rick Hasen for the link.

UPDATE: here is an article about the decision by Shawn Griffiths. It says the plaintiffs will appeal to the Third Circuit.

South Dakota Secretary of State Removes One Libertarian Party Nominee from Statewide Ballot

On August 18, the South Dakota Secretary of State said that the Libertarian Party nominee for Public Service Commissioner, Ryan Gaddy, cannot have his name on the November ballot because the Secretary believes that he wasn’t registered as a Libertarian at the time of his nomination.

All qualified parties in South Dakota nominate for certain statewide offices by party convention. The Libertarian Party state convention nominated Gaddy and others on August 9, a Saturday. Gaddy filled out a voter registration form changing his registration to “Libertarian” at the convention, before he was nominated. But the change of registration did not arrive in the elections office until August 13. South Dakota law does not permit parties to nominate non-members, and the Secretary has ruled that the change in registration was not in effect until it was received.

It is possible Gaddy and the Libertarian Party will sue to reinstate his name on the ballot. In 1986 the U.S. Supreme Court stated in Tashjian v Republican Party of Connecticut that the First Amendment’s Freedom of Association clause protects the choice of a political party to nominate a non-member if it wishes. Courts in Colorado and New Mexico have struck down state laws on duration of party membership, in lawsuits brought by the Colorado Democratic Party and the New Mexico Green Party.

Michael Peroutka, former Constitution Party Presidential Nominee, Upsets Maryland Republicans by Winning Republican Primary

Michael Peroutka, the Constitution Party’s presidential nominee in 2004, won this year’s Republican primary for a seat on the Anne Arundel County Council. This story in the Baltimore Post-Examiner, an on-line news source, explains the distress his candidacy is causing Maryland Republican Party leaders.