Hearing Set for South Dakota Libertarian Party Ballot Access Case

U.S. District Court Judge Lawrence Piersol will hear Libertarian Party of South Dakota v Gant on Thursday, August 28, at 10 a.m. This is the case over whether the party’s nominee for Public Service Commissioner, Ryan Gaddy, should be on the ballot. South Dakota law says a party cannot nominate a non-member. Gaddy filled out a voter registration card switching to the Libertarian Party shortly before the party nominated him at its August 9 convention, but the state takes the position that the change of party is not in effect until the card has been received and processed. The Libertarian convention was on a Saturday, so it was impossible for the change to be processed on the day it was filled out.

In any event, the party depends on the U.S. Supreme Court opinion in Tashjian v Republican Party of Connecticut, which said that the First Amendment’s freedom of association clause protects a party’s right an nominate a non-member if it wishes to.

The state takes the position that the U.S. Supreme Court opinion Clingman v Beaver means the law is valid. However, Clingman v Beaver is about whether a party can force the state to hold an open primary for it (assuming the party is entitled to its own primary), not about which individuals a party may nominate. Furthermore, 5 justices in Clingman v Beaver wrote to say that courts should be aware that major party legislators frequently write election laws for the illegitimate purpose of insulating the major parties from competition, and that courts should keep this in mind when they adjudicate ballot access cases.

Iowa Poll for Governor and U.S. Senator

On August 26, Public Policy Polling released an Iowa poll. For Governor, the results are: Republican incumbent Terry Branstad 48%; Democrat Jack Hatch 35%; Libertarian Lee Deakins Hieb 2%; New Independent Party Jim Hennager 2%; Iowa Party Jonathan Narcisse 1%; undecided 12%.

For U.S. Senate, for the seat of retiring Tom Harkin: Democrat Bruce Braley 41%; Republican Joni Ernst 40%; Libertarian Douglas Butzier 2%; independent Richard Stewart 2%; independent Ruth Smith 1%. Another independent candidate who is on the ballot, Bob Quast, is not mentioned, so presumably his support was below 1%. Undecided is 14%. Thanks to PoliticalWire for the link.

Only Minor Party Candidate for Congress in Massachusetts Rejected for Using Wrong Petition Forms

No minor party candidates filed to run for either branch of Congress in Massachusetts this year, except for the Green Party’s nominee in the 7th U.S. House district, Jason P. Lowenthal. However, even though he submitted 3,000 signatures to meet a requirement of 2,000 valid signatures, he has been told his petition is invalid.

The Secretary of State has rejected his petition because it is the petition meant for candidates seeking a place on a primary ballot. When the candidate picked up the petition blanks in the Secretary of State’s office in April, he questioned whether he had been given the correct forms. But he was assured that the forms were the correct ones. Lowenthal filed a pro se lawsuit in Suffolk Superior Court on August 11, which is pending. Lowenthal v Galvin, 14-2478-C. If Lowenthal does not get on the ballot, the incumbent Democrat, Congressman Michael Capuano, will be the only name on the November ballot.