On September 7, Ruth Johnson, Secretary of State of Michigan, informed the Libertarian Party that she won’t print Gary Johnson of Austin, Texas, on the November ballot, because Michigan has no procedure for contingent presidential or vice-presidential party nominees.

However, Michigan has no statutory procedure for a qualified party to substitute a new presidential or vice-presidential nominee either, yet in 1972, when the Democratic nominee for vice-president resigned from the ticket, Michigan let the Democratic national committee choose a new vice-presidential nominee. The national convention had nominated Thomas Eagleton in July, but he had resigned from the ticket in August, and Sargent Shriver was chosen to replace him. All fifty states made the substitution.

What is at stake is the First Amendment right of candidates for presidential elector to have printed on the ballot the name of the candidates for President and Vice-President that they say they will vote for. Also at stake is the ability of the Libertarian candidates for presidential elector to continue to be recognized as candidates themselves.

On September 7, the Arizona Supreme Court dismissed a lawsuit over whether the top-two open primary should be on the ballot. See this story. Here is a link to how the measure will be presented on the ballot. Scroll down to page eight. Note that the measure is not called “Open primary”; it is called a “top-two primary.” However, virtually every newspaper in Arizona recently has referred to the measure as an “open primary.”

Although some states say they are already printing ballots for overseas absentee ballots, at least fifteen states cannot start printing ballots yet. Three states still haven’t held their congressional primaries. They are Delaware, New Hampshire, and Rhode Island, all of which hold their congressional primaries on September 11, 2012.

As of September 9, some Colorado counties can’t print ballots because a court is still deciding whether they can contain bar codes. See this story. Also, Connecticut can’t print any ballots yet, because the State Supreme Court still hasn’t decided which party should have the top line on the ballot. The Connecticut Supreme Court will hear arguments over that on September 12.

Alabama, Arkansas, Kentucky, Mississippi, New Hampshire, New York, North Dakota, Oklahoma, Pennsylvania, and Rhode Island can’t print ballots yet because it is still not determined yet which presidential candidates will appear on the ballot. The New York deadine for qualified parties to choose presidential elector candidates is September 20. See the New York State Board of Elections calendar here. See especially “Party nominations other than primary.”

The Oklahoma Supreme Court has not yet issued any order on whether the state should postpone printing overseas absentee ballots. That Court is considering whether the Americans Elect Party should be on the ballot for President. In Michigan, although the state may already be printing overseas absentee ballots, the Secretary of State has still not said yet whether she will print the name of Gary E. Johnson of Austin, Texas on the ballot. Also the Michigan Libertarian Party is appealing its ballot access case to the Sixth Circuit.