The California Secretary of State has ruled that Americans Elect is still ballot-qualified, and will be through November 2014. Americans Elect registration is below one-fifteenth of 1%. Section 5101 says, “Whenever the registration of any party that qualified in the previous direct primary election falls below one-fifteenth of 1% of the total state registration, that party shall not be qualified to participate in the primary election but shall be deemed to have been abandoned by the voters.”

However, a preceding code section, 5100.5, says, “Upon the occurrence of the gubernatorial election, each party shall have its qualifications reviewed by the Secretary of State. A party that does not meet the standards for qualification set forth in Section 5100 shall be prohibited from participating in any primary election.”

Section 5100, which precedes 5100.5, says a party must either have polled 2% for a statewide office at the preceding gubernatorial election, or it must have registration of 1% of the last gubernatorial vote, or it must have submitted a petition signed by 10% of the last gubernatorial vote.

The Secretary of State believes that the language of 5100.5 means that no party is ever in jeopardy of losing qualified status except at the beginning of a presidential election year, and since 2014 is not a presidential election year, it is safe.

Chances are, no one will run for Congress or partisan state office in 2014 who is a registered member of Americans Elect, and so the party’s continued qualified status during 2014 will make no practical difference. Filing ends March 7 (or March 12 for races in which the incumbent didn’t file for re-election).

The U.S. Supreme Court will hear Susan B. Anthony List v Driehaus, 13-193, on Tuesday, April 22. This is the case over an Ohio law that makes it a criminal offense for anyone to make a false statement about a candidate with the intent of altering the election outcome. The lower courts had refused to rule on the constitutionality of the law, for procedural reasons. It is possible the U.S. Supreme Court wils simply rule that the lower courts should have adjudicated the case, and send it back to them.

On February 15, the Nebraska Democratic Party voted to let independent voters vote in the 2014 Democratic primary, for all partisan office. See this story. Under the U.S. Supreme Court decision Tashjian v Republican Party of Connecticut, issued in 1986, each party that has a primary is free to decide for itself whether to let independents vote in its primaries.