On August 30, U.S. District Court Judge Mary G Lewis issued this opinion in Greenville County Republican Party v Way, 6:10-1407. The 21-page opinion explains why the Greenville County Republican Party doesn’t have standing to challenge various South Carolina election laws that require parties to open their primaries to all voters, even when the party pays for the administration of the primary.

The judge had ruled from the bench on August 21 that the party lacks standing, and how she has explained her ruling. The decision does not mention the 1989 U.S. Supreme Court decision San Francisco County Democratic Party v Eu, a unanimous decision that struck down many California election laws that limited the freedom of political parties. Neither the state Democratic Party nor the state Republican Party had participated in that lawsuit, but the county party organizations that did participate were deemed to have standing. Thanks to Harry Kresky for the opinion.

On August 30, the North Dakota Secretary of State determined that the Libertarian Party’s petition is valid, so the party is on the 2014 ballot. No other minor parties are ballot-qualified in this state. The party can stay on the ballot after 2014 if it can poll 5% for either Secretary of State or Attorney General in 2014. The only party, other than the Democratic and Republican Parties, that has met the North Dakota 5% vote test in the last 80 years was the Reform Party, which met the vote test in 1996 but which went off the ballot after the 1998 election. Although certain other minor parties received 5% for President during the last 80 years, before 1996 the only office that counted for retention of party status had been Governor. Fortunately, during the 1990’s the legislature expanded the list of offices for which the vote test applies.

The North Dakota Libertarian petition is the first qualifying petition for a party that has been completed in 2013, anywhere in the nation. Thanks to Bob Johnston for this news.