United Independent Party is Halfway Toward Having Enough Registered Voters to Remain on Massachusetts Ballot After November 2016

The United Independent Party has been ballot-qualified in Massachusetts since November 2014. However, it will go off the ballot in November 2016, unless it either runs a presidential candidate who gets 3%, or unless the party has registration equal to 1% of the state total.

The registration alternative has been part of the Massachusetts law since 1990. So far no party has used it. It requires approximately 40,000 registered members. But the United Independent Party now has 20,941 registered members and hopes to be at 40,000 by November 2016. The party does not expect to have a presidential nominee, although that could always change.

In the meantime the party has kindly e-mailed its registered members and suggested that they may wish to temporarily leave the party, so as to be able to vote in one of the presidential primaries in March. The e-mail explains how to leave the party and how to re-enroll in it.

Judge Won’t Block Virginia Election Board from Asking Voters in Republican Presidential Primary to Say they are Republicans

On January 14, U.S. District Court Judge M. Hannah Lauck issued a four-page order, saying she won’t at this time stop Virginia election officials from using a sign-in sheet at the polls that says voters choosing a Republican ballot are Republicans. However, there will be a provisional Republican ballot for voters who refuse to sign that sign-in sheet. If the court later decides that the sign-in statement is illegal, those provisional ballots would be counted.

The case is Parson v Alcorn, e.d., 3:16cv-13. The court order depends mostly on past judicial decisions that say parties have freedom of association to determine who votes in their primaries.

There is no such statement for voters choosing a Democratic presidential primary ballot.

Tenth Circuit Sets Hearing Date for New Mexico Ballot Access Case

The Tenth Circuit will hear Parker v Duran, 15-2088, on Tuesday, March 8, at 9 a.m., in Denver. This is the case that challenges the number of signatures needed for an independent candidate in New Mexico. New Mexico requires all independent candidates to submit a petition of 3% of the last gubernatorial vote. No other state requires more signatures for independent candidates for statewide office, although Alabama is tied.

The plaintiff was an incumbent member of the Public Education Commission. He had been appointed. He wanted to remain on the commission, and he was an independent, so he was required to complete the petition. Although he came close, he did not succeed. If he had been a member of either a major or a minor party, his petition burden would have been substantially lower. The U.S. District Court upheld the 3% petition requirement.