The North Dakota Libertarian Party has found one State Senator who says he will introduce a bill to improve North Dakota ballot access, when the legislature convenes in January. North Dakota and Oklahoma are the only states that have not had any minor party legislative nominees on the ballot (with the party label) during the last four years. The problem in North Dakota is a law that requires between 10% and 15% of all voters who vote in the primary election to choose a minor party primary ballot, in order for that minor party to nominate any legislative candidates.

Oregon requires qualified political parties that have registration smaller than one-half of 1% to poll at least 1% of the vote for any statewide office, every two years, in order to remain on the ballot.

At the 2012 election, the Constitution Party nominated candidates for three statewide offices: President (the Oregon Constitution Party nominated Will Christensen for President instead of Virgil Goode); Treasurer; and Attorney General. The party’s nominees for President and Treasurer did not poll as much as 1%, and the party’s registration is only about one-seventh of 1%. However, the Constitution Party’s nominee for Attorney General, James Leuenberger, did meet the vote test; he polled 2.79%, placing third. But his vote appears not to count toward keeping the party on the ballot, because section 248.008(7) says a candidate who is nominated by more than one party cannot use his vote to “save” the ballot status of any party.

Leuenberger appeared on the November 2012 ballot as “Constitution, Libertarian” because he was also the nominee of the Libertarian Party. He won the Libertarian nomination in the Libertarian Party’s all-mail private primary election, in which all registered Libertarians were able to vote. No one else sought the Libertarian nomination for Attorney General. Oregon permits fusion. It now appears that Leuenberger injured his own party, the Constitution Party, by also winning the Libertarian nomination. This post has been re-written to reflect the existence of the law that says a fusion nominee’s vote total cannot help a party retain ballot status. Thanks to Dan Meek (see his comment #2 below) for this re-write. The Oregon Secretary of State’s office says it will soon rule on the status of the Constitution Party.

All of the other statewide Libertarian nominees all met the vote test and even if they hadn’t, the Libertarian Party has enough registrations so that it need not pass the vote test.