U.S. District Court in Idaho Keeps Robert F. Kennedy, Jr.’s Case Alive on Whether States May Require a V-P on Petitions

Idaho requires independent presidential candidate petitions to include a vice presidential candidate as well. However, Idaho permits a stand-in for vice-president. In February, Robert F. Kennedy, Jr. filed a constitutional challenge to the requirement that the petition list anyone for vice president. Team Kennedy v McGrane, 1:24cv-83.

On September 4, U.S. District Court Judge B. Lynn Winmill refused to dismiss the case. The state had argued that because it permits stand-ins for vice president, its requirement does no harm. But the judge said that Kennedy had presented evidence and reasoning that suggests the requirement does impair independent presidential candidates, and that the equal protection claim is plausible. Therefore, the case will continue. Here is the ruling keeping the case alive.

No Labels Election-Related Lawsuits Are Still Proceeding

Although No Labels dropped out of the 2024 presidential race on April 4, two of its election-related lawsuits are still pending.

In Arizona, the Ninth Circuit expects to hear No Labels v Fontes during January. This is the lawsuit over whether a party has a Freedom of Association right to block anyone from running in its primary, if the party doesn’t want any candidates for particular offices. No Labels had won this case in U.S. District Court.

In Delaware, discovery is proceeding in No Labels v NoLabels.com, a trademark dispute between No Labels and a parody website.

New Arkansas Registration Data

As of October 3, Arkansas has this number of registered voters by party: Republican 140,291; Democratic 88,969; Libertarian 736; Green 115; other and independent 1,581,556.

The reason such a huge share of the voters are independent is that Arkansas has only had registration by party starting in 2015. Most voters have not had to use a voter registration form that asks the political party choice question. Also, party registration in Arkansas has no effect on whether any voter can choose any party’s primary ballot.

In May 2024, the numbers were: Republican 131,647; Democratic 86,231; Libertarian 700; Green 104; independent and other 1,543,863.

New Alaska Registration Data

On October 3, the Alaska Elections office released a new registration tally. See it here.

Percentages are: Republican 23.96%; Democratic 12.31%; Alaskan Independence 3.13%; Libertarian 1.09%; Green .25%; Constitution .13%.

Percentages in May 2024 were: Republican 24.12%; Democratic 12.40%; Alaskan Independence 3.16%; Libertarian 1.12%; Green .26%; Constitution .13%.

Four California Political Bodies Don’t Renew Their Status

In California, a group that wishes to become a qualified party files to be a political body. Then, election officials keep track of how many people register into such groups, and if they obtain enough registrants, they become qualified. The deadline for being a qualified party for the purpose of being qualified for president was July 5, 2024. No new parties qualified. However, any group that didn’t qualify is free to renew its status as a political body. In that case, it keeps its registrants and can continue the drive.

Four groups did not qualify and have not yet renewed their status as political bodies: No Labels, Justice for All, We the People, and Constitution. It is not surprising that the first three didn’t renew their status. No Labels ceased trying to qualify for ballots months ago. Justice for All had been formed to get Cornel West on the ballot. We the People had been formed to get Robert F. Kennedy, Jr. on the ballot.

Because these groups are not political bodies anymore, there is no information in the Secretary of State’s Report of Registration of September 6, which was released on October 1. Here is a link to the September 6 Report. It includes data for two political bodies, Common Sense and Forward.

Common Sense declined from 20,132 members in July, to 19,198. Forward went from 287 to 406.

For the qualified parties, here are the September percentages: Democratic 46.07%; Republican 24.81%; American Independent 3.86%; Libertarian 1.06%; Peace & Freedom .64%; Green .47%.

The percentages in July had been: Democratic 46.19%; Republican 24.73%; American Independent 3.83%; Libertarian 1.07%; Peace & Freedom .64%; Green .47%.