U.S. District Court in South Dakota Upholds Law Telling Parties They Can’t Nominate a Non-Member

On August 28, U.S. District Court Judge Lawrence Piersol upheld a South Dakota law that tells parties they cannot nominate a non-member. He ruled from the bench at the conclusion of the oral argument. Libertarian Party of South Dakota v Gant, 14-cv-4132. The judge said it is not a severe burden on a party to be told that it can’t nominate a non-member.

The judge relied partly on Storer v Brown, which upheld a California law saying no one could be an independent candidate if he or she had been a member of a party within the preceding year. But Freedom of Association has no bearing on that issue, and later opinions of the U.S. Supreme Court had emphasized that parties have constitutional protection to nominate whom they wish. In 2000, the U.S. Supreme Court said in California Democratic Party v Jones, “Our cases vigorously affirm the special place the First Amendment reserves for, and the special protection it accords, the process by which a political party ‘selects a standard bearer who best represents the party’s ideologies and preferences. The moment of choosing the party’s nominee, we have said, is ‘the crucial juncture at which the appeal to common principles may be translated into concerted action…the ability of the members of the Republican Party to select their own candidate…unquestionably implicates an associational freedom…the rights of a recognized political party unquestionably have a constitutional right to select their nominees for public office.”

The U.S. Supreme Court reiterated this in 2008 in New York State Board of Elections v Lopez Torres, when it said, “A political party has a First Amendment right to choose a candidate-selection process that will in its view produce the nominee who best represents its political platform.” In 1840 the Whig Party chose a Democrat for Vice-President, and in 1864 the Republican Party chose a Democrat for Vice-President. It is believed that when Dwight Eisenhower was nominated for president in June 1952, he was a registered independent. In 2008 John McCain seriously considered asking U.S. Senator Joesph Lieberman, a registered Democrat, to be the Republican nominee for vice-president. It is not known if the South Dakota Libertarian Party will appeal.

August 2014 Ballot Access News Print Edition

Ballot Access News
August 1, 2014 – Volume 30, Number 3

This issue was printed on white paper.


Table of Contents

  1. THIRD CIRCUIT SAYS MINOR PARTIES HAVE STANDING TO CHALLENGE PETITION-CHECKING SYSTEM
  2. ARIZONA CONCEDES THAT ONE BALLOT ACCESS LAW IS VOID
  3. OREGON VOTERS WILL VOTE ON TOP-TWO
  4. SIX NEW BALLOT ACCESS CASES FILED
  5. OTHER NEW LAWSUITS
  6. NEW HOPE FOR OHIO LIBERTARIANS
  7. OTHER LAWSUIT NEWS
  8. SENATOR SCHUMER’s OP-ED FOR TOP-TWO
  9. BRITISH PROPORTIONAL REPRESENTATION BALLOT
  10. 2014 PETITIONING FOR STATEWIDE OFFICE
  11. SPECIAL FLORIDA ELECTION, US HOUSE
  12. INDEPENDENT MARIANNE WILLIAMSON SPENT $1,934,466 ON CONGRESS RUN
  13. BOB BARR LOSES REPUBLICAN PRIMARY
  14. REPUBLICAN NOMINEE FOR OREGON GOVERNOR GETS INDEPENDENT PARTY NOMINATION
  15. NO REPUBLICANS RUN IN TWO-THIRDS OF MASSACHUSETTS DISTRICTS
  16. EXCELLENT ELECTION RETURNS BOOK FOR SALE AT BARGAIN PRICE
  17. ERRATA
  18. SUBSCRIBING TO BAN WITH PAYPAL

Carbondale, Illinois Newspaper Condemns Illinois Ballot Access Laws

The Southern Illinoisan, the daily newspaper published in Carbondale, has this editorial condemning Illinois ballot access laws for candidates and also restrictions on the statewide initiative.

Illinois has had bad ballot access laws since 1931, but one gets the impression that there has never before been so much discussion of the ballot access laws in the mainstream press of the state as there is this year. However, generally the newspapers still don’t seem to grasp that the biggest problem for minor party ballot access is that there is no procedure for a group to become a qualified party in advance of any particular election. This is a flaw shared with eleven other states.

If a new party wanted to be on the ballot in Illinois for all partisan office, it would need one petition of 25,000 signatures for its statewide slate, and approximately 250,000 signatures for its nominees for U.S. House, and 250,000 signatures for its nominees for State House, and 250,000 signatures for its slate of county nominees, and a large number (which depends on which year it is in the 10-year cycle between redistricting) for State Senate. Not only is the signature burden crushing, but signers would need to sign six separate petitions, and each sheet would need notarization. By contrast, in 38 states, one petition (or one petition drive) puts the new party’s nominees on the ballot for all office.