On March 24, the New York State Supreme Court, Appellate Division, agreed with the lower court that the challenge to Ted Cruz’ spot on the New York Republican presidential primary ballot was filed too late. Korman v New York State Board of Elections, third division. The challenge was based on qualifications listed in the U.S. Constitution for president.

The question of when challenges were due is not simple to understand. In New York, the challenge procedure is generally in connection with a petition, but in New York, Republican presidential primary candidates don’t need a petition (although Democratic presidential candidates do). The Courts so far in this case have construed the New York law on deadlines for challenges to be based on the date when the presidential candidate filed a declaration of candidacy. Thanks to Bill Van Allen for this news.

On March 23, the South Dakota Constitution Party and the South Dakota Libertarian Party filed this brief in their ballot access lawsuit. The case challenges the March 29 petition deadline for newly-qualifying parties who want to be recognized. Last month the state responded to this case by saying that parties that just want to be on the ballot for President and most of the statewide state executive positions need not file their petition for party status until July 11. The state then argued that the March 29 deadline is valid, for parties that want to run for the other partisan positions, Congress, Governor, and Legislature.

In response, the parties argue that the Constitution protects the ability of people to organize a new party in the spring of an election year, and that such a new party should be allowed to run for all offices, not just some of them.