New Mexico Independent Voter Files Lawsuit to be Allowed to Vote in Major Party Primaries

On June 3, David Crum, an independent voter in Bernalillo County, New Mexico, filed a lawsuit in lower state court, alleging that the New Mexico Constitution requires that independent voters be allowed to vote in partisan primaries. Crum v Duran, d202-cv-2014-03730.

The New Mexico Constitution, Article Seven, section one, says, “Every person who is a qualified elector pursuant to the Constitution and laws of the United States and a citizen thereof shall be qualified to vote in all elections in New Mexico, subject to residency and registration requirements.”

New Mexico was one of the last states to have partisan primaries. Until 1938, all parties nominated by convention. The state will probably defend the current closed primary law by saying that a partisan primary is not an election; instead it is a means for a political party to nominate candidates. The New Mexico Election Code defines many terms, but it does not define “primary election”, “election”, or “primary.”

Wisconsin Congressional Candidate Survives Challenge to His Choice of Petitioners

The Wisconsin state agency that adjudicates ballot access challenges has determined that Democratic congressional candidate Gary George should appear on the Democratic primary ballot. His petition had been challenged on the basis that the circulators were ex-felons. However, the Government Accountability Board determined that the circulators, although ex-felons, are no longer on probation, so they are permitted to vote, and therefore to circulate petitions. See this story.

Former Democratic State Legislator Begins Petition Drive to be “Education & Democracy Party” Nominee for Connecticut Governor

Jonathan W. Pelto, a Connecticut legislator between 1984 and 1994, has begun petitioning to get himself on the Connecticut ballot as the Education & Democracy Party nominee for Governor. See this story. Pelto was Political Director of the Connecticut Democratic Party in 1990.

The only states that are having gubernatorial elections this year, and which definitely won’t have any minor party or independent candidates for Governor on the November ballot, are Alabama, California, and New Mexico. Thanks to Timothy McKee for the link.

Tom Ervin Submits Petitions to be First Independent Gubernatorial Candidate in South Carolina History

On June 9, Tom Ervin, a former Republican state legislator, submitted over 20,000 signatures to qualify as an independent candidate for Governor of South Carolina. The state requires 10,000 signatures. Assuming the petition is approved, Ervin will be the first independent gubernatorial candidate to appear on a South Carolina government-printed ballot.

South Carolina did not use government-printed ballots until 1950, far later than any other state. Other states that have never had an independent candidate for Governor are Delaware, Indiana, Michigan, Montana, New Mexico, and North Carolina. Delaware, Michigan, and New Mexico did not permit independent candidates for any office until 1976, when Eugene McCarthy sued all three and won all those lawsuits, and forced the state to implement procedures for independent candidates.

Wisconsin Democratic Party Official Removes Green Party Legislative Candidate from November Ballot

Mike LaForest is a Green Party nominee for lower house of the Wisconsin legislature. On June 5, a Democratic Party official filed a challenge to his general election petition. LaForest needs 200 valid signatures and submitted 284. On June 10, the challenge was upheld, and LaForest was removed from the ballot. GreenPartyWatch has the details. There will be two candidates on the general election ballot, the Democratic incumbent and a Libertarian.

The Green Party is not a ballot-qualified party in Wisconsin, although it probably will regain its party status in the November 2014 election.