On February 19, the North Dakota House defeated HB 1260 by a vote of 37-55.  It would have eliminated the minimum vote test for a candidate to be considered nominated in a party primary.  North Dakota is the only state that says it isn’t enough for a candidate in a partisan primary to poll the most votes; the candidate, even if unopposed, must also poll a certain minimum number of votes.  The minimum is the same regardless of the size of the party or regardless of how many voters choose that party’s primary.  For statewide office, it is 300 votes.  For legislature, it is far more severe, and requires between 110 and 140 primary votes.

The law is especially unfair to small qualified parties, because very few voters choose to vote in a minor party primary.  As a result, no minor party has been able to run anyone for the legislature since 1976, when the American Party managed to qualify a few candidates.  The sponsor of the bill, Representative Corey Mock, says he will continue to introduce this bill in future sessions of the legislature.

Minnesota had a similar law, but it was invalidated by the State Supreme Court in 2004 in a unanimous decision.  That Minnesota case was brought by the Independence Party.  Other states that had similar laws in the past are Oklahoma and Wisconsin, but they repealed these laws long ago.

U.S. District Court Judge Elizabeth K. Dillon will hear Adams v Alcorn on Monday, March 23, at 2 p.m. in Harrisonburg.  This is the lawsuit filed by a Republican Party Committee that challenges the state law which says an incumbent office-holder who is running for re-election can decide whether the party will nominate in his or her race by primary or by convention.  The Republican Party wants to hold a convention to choose a nominee in the 24th State Senate district.  But the incumbent Republican State Senator wants a primary, and under the law, his wishes overcome the wishes of the party.

When there is no incumbent, a party in Virginia is free to decide whether to use a convention or a primary.  Judge Dillon is an Obama appointee.

The Associated Press has this story, which has appeared in several Ohio newspapers, about the dilemma that Libertarians in Ohio are in, for the 2015 partisan local elections.  Although most odd year elections in Ohio are non-partisan, some cities have partisan elections this year.  Libertarians filed in three such cities.  Two of them have been told the Libertarian Party isn’t a ballot qualified party any longer, while in a third county, the filing has been accepted.

The party is waiting for a U.S. District Court to rule on whether the 2013 ballot access law is constitutional or not.  If the law is not constitutional, then it is likely the Libertarian Party is still qualified.