Three Libertarian Legislative Candidates Removed from Arizona Primary Ballot

On June 20, a Superior Court Judge in Maricopa County, Arizona, removed three Libertarians from the party’s primary ballot. They were all running for seats in the state legislature. Some Republican activists challenged their primary petitions, on the basis that some of the petition signers are registered independents.

Arizona elections officials had always believed that registered independents are free to sign any primary petitions, but the challengers argued that only registered Libertarians can sign a petition to place a Libertarian on the primary ballot. The judge agreed with the challengers. The party may or may not appeal. In any event, the three candidates are not allowed to be write-in candidates in the Libertarian primary for the same seats they had been running for, but every legislative district in Arizona always elects three legislators. The three Libertarians are free to be write-in candidates in the primary for one of the other legislative contests in that geographical area.

Libertarian Party Files Brief in Illinois Ballot Access Case

On June 22, the Illinois Libertarian Party filed this brief in Libertarian Party of Illinois v State Board of Elections, pending in U.S. District Court. The issues are the June 25 petition deadline for newly-qualifying parties and independent candidates, and also the unique state law that requires newly-qualifying parties to submit a full slate of candidates.

New York Legislature Fails to Pass Bill for Better Ballot Format

The New York Assembly passed A7492, the “Voter Friendly Ballot Act” on June 21, just before adjourning. Unfortunately the bill did not make any headway in the State Senate. The bill would have provided that the names of candidates for the same office should appear on the same column or row. It had many other provisions to make the ballot clearer and more easier to read. It also eliminated party emblems, probably to make more room for other information.

The bill passed in the Assembly by a vote of 143-1. The only “no” vote was Assemblymember Peter D. Lopez (R-Schoharie).

Arizona Files Reply Brief in U.S. Supreme Court in Voter Registration Case; High Court May Rule on June 25

On June 20, Arizona filed this reply brief with the U.S. Supreme Court in Arizona v Gonzalez, the lawsuit over whether Arizona can require voters who use the federal voter registration form to answer questions that are not on that form. It is somewhat likely that the U.S. Supreme Court will rule on Monday, June 25, whether to stay the decision of the 9th circuit in this case, pending possible full review by the U.S. Supreme Court.

If the Ninth Circuit decision is not stayed, voter registration groups can get back to work in Arizona, using the federal form without supplementary state-mandated questions.

New York Libertarian/Anti-Prohibition Election Lawsuit Gets Hearing Date

In 2010, both the Libertarian Party, and the Anti-Prohibition Party, qualified for the general election ballot in New York. New York generally permits candidates to be the nominee of multiple political parties. However, New York will not print the name of a candidate nominated for the same office by two different unqualified parties on the ballot twice. By contrast, if two or even three qualified parties nominate the same candidate for the same office, that candidate is listed on the ballot multiple times.

In 2010, both the Libertarian Party and the Anti-Prohibition Party nominated Randy Credico for U.S. Senate. When the State Board of Elections told him that he could not be listed on the ballot twice, he sued. Almost two years later, the case has an oral argument date. It will be argued in U.S. District Court in Brooklyn on September 19, 2012. The case is Credico v New York State Board of Elections, 1:10cv-4555.