Massachusetts State Court Hears Dispute over Whether Republican State Convention Broke its own Rules for Nominations

On April 11, a Massachusetts state court heard arguments in the case over whether Mark Fisher really received enough votes at the Republican Party state convention to qualify to petition for the primary ballot. See this story. Massachusetts election law says any qualified party member may petition for a place on a party primary ballot. But Republican Party rules, as well as Democratic Party rules, say no one may petition unless the individual received at least 15% of the vote at the state convention. Fisher received over 15% at the Republican convention last month if one doesn’t count blank votes, but he only received 14.765% if blanks votes are included. The Republican Party takes the position that Fisher did not qualify.

A decision is likely during the coming week, according to the news story. Even if Fisher wins the lawsuit, he will then still need 10,000 signatures of registered independents and registered Republicans in order to get on the September 9 primary ballot.

Former South Carolina Legislator Will Attempt to Qualify as Independent Candidate for Governor

On August 11, Tom J. Ervin of Greenville, South Carolina, announced that he will try to get on the ballot as an independent candidate for Governor of South Carolina. He was elected as a Democratic state legislator in 1978 and re-elected in 1980. He also served as a state court judge for 14 years. He ran in the Republican primary for a seat in the state house in 2005, but was defeated in the Republican primary. See this story. He had been planning to run in this year’s Republican primary for Governor, but has withdrawn from the primary.

If he gets on the November ballot, he will be the first independent candidate for Governor to be on a government-printed ballot in South Carolina history. The other states in which no independent has ever been on a government-printed ballot for Governor are Delaware, Indiana, Michigan, Montana, New Mexico, and North Carolina.

Ervin needs 10,000 signatures by July 15. The Libertarian Party and the United Citizens Party are also running candidates in the race.

Libertarian Party of Texas Chooses Nominees at Well-Attended Convention

On April 12, the Texas Libertarian Party held its state convention in Temple, Texas, to choose nominees for the 2014 election, and to elect party officers. The convention had approximately 215 voting delegates. The greatest suspense was over the gubernatorial nomination. Kathie Glass, who was also the party’s gubernatorial nominee in 2010, won with 107 votes in the final ballot, defeating Robert Bell. Thanks to IndependentPoliticalReport for this news.

Opening Briefs Filed in Arizona Green Party Ballot Access Case

On April 11, both sides filed opening briefs in U.S. District Court in Arizona Green Party v Bennett, 2:14cv-375. The issue is whether the February 28 petition deadline is too early. The law says the petition is due 180 days before the primary, and that all parties, even newly-qualifying parties, must nominate by primary. Arizona primaries this year are August 26. The state says it needs six months lead time to get ready for the new party’s primary.

Before 1999, the Arizona petition deadline for a new party was 112 days before the primary. Initiative petitions are due in Arizona in the first week in July, only four months before the general election. This suggests that if the state can cope with initiative petitions only four months before the appropriate election, it ought to be able to handle petitions to qualify a new party four months before the appropriate election.

The Green Party’s brief cites many cases that early petition deadlines for newly-qualifying parties are unconstitutional, but the state’s brief does not discuss any precedents on that issue. Also, the state says that the Green Party appeared on the ballot in 2002 and 2004, but in truth the party did not qualify in Arizona either of those years.

Oklahoma Candidate Filing Closes

On April 11, filing for the Oklahoma primaries closed. That was also the deadline for independent candidates to file, even though independent candidates don’t run in the primary and go straight to the November ballot. Here is a link to the candidate list.

For the first time since 1998, a minor party candidate for Governor will appear on the November ballot. He is Richard Prawdzienski, an activist in the Libertarian Party. He is the first member of the Libertarian Party to run for Governor of Oklahoma. However, his ballot label will be “independent”, because the Libertarian Party is not on the ballot and has not been since 2000. 2014 will be the seventh election in a row in which no minor parties have appeared on the Oklahoma ballot. There is no other state that has gone seven elections in a row with no minor parties on the ballot for any office, since that was also true for Tennessee in the years 1974-1998.

In the five U.S. House races, there are two in which only Republicans filed. There are five statewide partisan offices in which only Republicans filed: Auditor, Attorney General, Treasurer, Insurance Commissioner, and Corporation Commissioner. Oklahoma does not permit write-in votes, so these offices will simply not be printed on the November 2014 ballot, since it would be impossible for anyone to vote against the Republican nominee in any event. Oklahoma disguises this lack of competition by simply removing one-candidate elections from the ballot.