Some states provide qualified minor parties with their own presidential primaries, and minor parties have used presidential primaries in at least a few states, in all presidential elections starting in 1972.

For 2012, the Green Party seems to be the minor party with the greatest opportunity to use presidential primaries, because it is not nominating a presidential candidate until July. The Green Party is now entitled to its own presidential primary in Arizona, California, District of Columbia, Massachusetts, New York, and West Virginia.

The Libertarian Party has fewer opportunities to use its own presidential primaries, because it is nominating in early May, before primaries are held in many states. However, the Libertarians are free to use presidential primaries in Arizona, Delaware, and Missouri.

The Constitution Party’s national convention is in April, but it is free to use its presidential primary in Missouri, because that primary is on February 7, well before the party’s national convention.

Americans Elect does not wish to participate in any government-sponsored presidential primaries, because it has its own national on-line presidential primary. However, chances are it would be eligible for government presidential primaries in Arizona, California, Delaware, South Dakota, Tennessee, and Utah, and possibly a few other states, if it wished.

Certain other minor parties are eligible for presidential primaries if they wished to use them, but generally they don’t. These include the Conservative, Working Families, and Independence Parties of New York, and the Progressive Party in Vermont. The Peace & Freedom Party always uses its presidential primary in California, as does the American Independent Party in that state.

As reported earlier, Indiana officials are investigating possible forged signatures in the 2008 petitions to place Barack Obama, and also Hillary Clinton, on the Indiana presidential primary ballot in 2008. Now the McCain petition is also being investigated, with some preliminary reason to believe that petition was also invalid. See this story.

Indiana requires more signatures than any other state for candidates who are discussed in the media to get on the ballot in a presidential primary, except Virginia requires even more. Indiana requires 4,500, and there must be at least 500 from each U.S. House district in the state. Thanks to Rick Hasen for the link.

On October 19, three individuals filed a lawsuit in U.S. District Court in Washington, D.C., seeking to overturn a 1940 federal law that makes it illegal for anyone who holds a contract with the federal government from contributing any money whatsoever to any party or any candidate for federal office. Here is the 10-page complaint in Wagner v Federal Election Commission, 11-cv-1841.

One of the plaintiffs, Wendy Wagner, is a law professor who currently has a contract to prepare a report on potential improvements in the use of science by administrative agencies. Another plaintiff, Lawrence M. E. Brown, has a contract to perform personal services as a human resources advisor to the U.S. Agency for International Development. The third plaintiff, Jan W. Miller, has a contract to provide personal services consulting to the same agency, USAID. They each would like to make contributions to candidates for federal office, or to political committees or political parties. The D.C. branch of the American Civil Liberties Union represents the plaintiffs. The complaint points out that federal employees are permitted to make contributions. The case was assigned to Judge James E. Boasberg, an Obama appointee. Thanks to Rick Hasen for the link.