Jon Barrie Wins Partial Relief in New Mexico Supreme Court

On August 22, the New Mexico Supreme Court heard Barrie v Duran, 33755. The Court then ruled that the Secretary of State was wrong to have kept Jon Barrie off the November ballot (as the Independent American Party nominee for U.S. Senate) on the grounds that he wasn’t a registered member of the party that nominated him at the time of the Governor’s Proclamation. Here is the two-page order.

As to the other issue in the case, whether Barrie had enough valid signatures, the court sent that back to the lower court to resolve, but also said perhaps the candidate and the Secretary of State themselves can come to an agreement on how many signatures are valid. See this news story. The decision is not yet posted to the Court’s web page.

Jill Stein is only Presidential Candidate to File a Petition in Montana

The deadline has passed for independent presidential candidates to file petitions in Montana. The only candidate who filed such a petition is Jill Stein, the Green Party nominee. Montana permits independent candidates to choose a partisan label that appears on the ballot. The state will probably announce on August 23 whether the petition has enough valid signatures.

The ballot-qualified parties in Montana are: Democratic, Republican, Libertarian, and Americans Elect.

Arizona Top-Two Initiative May Not Have Enough Valid Signatures

The Arizona Secretary of State’s office has not yet said how many valid signatures were submitted by proponents of a top-two open primary. However, preliminary data from most of the counties suggest that there may not be enough. Also, apparently some of the petitions were gathered by circulators who don’t live in Arizona and who did not register with the Secretary of State. Arizona permits out-of-state circulators, but requires that out-of-state circulators register with the Secretary of State before working. See this story. Also see this story.

U.S. District Court Judge in Nevada Says State Law on “None of These Candidates” is Unconstitutional

A U.S. District Court in Nevada has ruled against the state law that provides “None of these candidates” to be printed on ballots for statewide office. See this story.

Presumably Nevada could amend the law and make it constitutional, by providing that if “None of these candidates” wins the most votes, then every candidate whose name had been on the ballot is defeated. Nevada is one of five states that bans all write-in votes. Nevada sometimes says that write-ins are not needed in that state because of the “None” alternative.

Judge Robert C. Jones has not yet put out anything in writing, but said he expects to do that very soon. The case is Townley v State of Nevada, 3:12-cv-310.

Minnesota May Have Eleven Presidential Candidates on the Ballot This Year

Nine presidential petitions have been submitted to the Minnesota Secretary of State. If they are all valid, then Minnesota will have eleven presidential candidates on the November ballot. In Minnesota, as in half the states, independent candidates are free to choose a partisan label other than just the word “independent.”

The petitions are for the presidential nominees of these parties: Constitution, Grassroots, Green, Justice, Libertarian, Party for Socialism and Liberation, Socialist, and Socialist Workers. Also one independent presidential candidate. Dean Morstad, filed.

Minnesota had eleven presidential candidates on the November 1996 ballot. Thanks to Jim Ivey for this news.