Both Sides in Virginia Ballot Access Case File Final Briefs; Decision on Out-of-State Circulators Likely Soon

On June 21, both sides in Libertarian Party of Virginia v Judd filed simultaneous briefs for Summary Judgment. This means both sides agree that there is no need for a trial, and the next action will probably be a fairly quick decision from the judge. The issue is Virginia’s ban on out-of-state circulators.

The state’s brief says that the Libertarian Party successfully petitioned for President in all elections starting with 1988 in Virginia, so the party doesn’t really need any relief. The state also says that co-plaintiff Darryl Bonner, a professional petitioner who doesn’t live in Virginia and who wants to circulate in Virginia, has no real complaint either, because he is free to be accompanied by a Virginia resident. Also the state says that Bonner may not even have standing, because in a deposition he said he hurt his knee and doesn’t plan to do any work in the near future.

The state’s brief is somewhat deceptive, because it says the Libertarian Party has not had trouble in the past, yet in 1984 the Libertarian Party’s petition drive for President failed in Virginia. The state’s brief makes no claim that there is any strong state interest in banning out-of-state circulators.

The Libertarian Party’s brief emphasizes that the party may have special need for outside circulators this year, because the state legislature and the Governor, by making late changes to the U.S. House districts, deprived all petitioning parties of their normal full petitioning time. The law says the petitions may start to circulate on January 1 of the election year, but in reality that was impossible this year because the petitions must list a candidate for presidential elector from each district, and until the district lines were final, the list of elector candidates couldn’t be finalized. Of course, the Libertarian Party brief also emphasizes that the overwhelming majority of precedents on the issue hold that bans on out-of-state circulators are unconstitutional.

Alabama Republican Party Endorsed Amending Election Laws to Provide for Party Registration

On June 24, the Alabama Republican Party Executive Committee approved a resolution that puts the party on record in favor of changing Alabama election laws to ask voters to choose a party on voter registration forms. The resolution was approved on a voice vote, and it was not unanimous, but there is no recorded vote.

Alabama, like most states in the South, has never had registration by party.

State Court is Adjudicating Who is the True Chair of the Connecticut Independent Party

A state court will soon decide who the actual chair of the Connecticut Independent Party is. See this story, which gives the details. The Independent Party of Connecticut is ballot-qualified for some offices, but not others. This is because, in Connecticut, a party is automatically ballot-qualified for all offices in which it received at least 1% of the vote in the last election.

The Independent Party is ballot-qualified for President, because in 2008 it polled 1.10% for its presidential nominee, Ralph Nader. It is also ballot-qualified for Governor-Lieutenant Governor, Secretary of State, Attorney General, Comptroller, and Treasurer, although those offices are all up in 2014, not 2012. It only got .98% for U.S. Senate in 2010 so it is not ballot-qualified for that office.