San Francisco Elections Official Breaks Tie in Peace & Freedom Party Primary

California is one of a handful of states in which political parties other than the Democratic and Republican Parties use government primaries to choose party officers. On June 20, San Francisco Elections Director John Arntz placed two slips of paper inside a jar, each containing the name of one candidate for Peace and Freedom Party County Central Committee. He then put his hand in the jar and drew out one name, and proclaimed that person the winner. This was done to break a tie. Each of the two candidates had polled 118 votes. See this story.

The story does not include the detail that the Peace & Freedom Party has determined that it will seat both candidates, notwithstanding the tie-breaking event. The party is free to do this, because the election was for party office, not public office. California parties are not required to elect party officers in the primary; but the Peace & Freedom Party, along with the Green Party, and the American Independent Party, do choose their party officers that way.

Tennessee Green Party and Constitution Party Nominees Get Publicity

Newspapers in Tennessee have run stories recently about the Green Party and the Constitution Party nominees for public office. For example, see this story. Both parties were put on the ballot by a U.S. District Court, in February 2012. They are the first two parties in Tennessee to be recognized since the period 1968-1972, when the American Party was on the ballot.

The Green Party has nominated six candidates for Congress, and five for the State House. The Constitution Party has only nominated one candidate, who is running for the U.S. Senate. The twelve candidates from these two parties could conceivably be removed from the November ballot, if the state succeeds in persuading the 6th circuit to reverse the decision of the U.S. District Court.

North Dakota Attorney General Ponders Whether to Remove Libertarian Gubernatorial Candidate from November Ballot

Al Jaeger, North Dakota Secretary of State, has asked Attorney General Wayne Stenehjem to decide whether Roland Riemers may remain on the November 2012 ballot as the Libertarian nominee for Governor. See this story. Due to a paperwork error, the Libertarian running for Lieutenant Governor was kept off the Libertarian primary ballot, so the party has no Lieutenant Governor nominee. In North Dakota primaries, candidates for Governor run separately from candidates for Lieutenant Governor. But in the general election, they run as a team.

In Wisconsin in 2010, the Libertarian Party had a candidate in the primary for Lieutenant Governor, but not for Governor. Wisconsin election officials permitted the Lieutenant Governor candidate to be on the ballot in November, even though Wisconsin has the same system, in which Governor and Lieutenant Governor run separately in primaries but as a team in November.

Also, in 1986, Illinois Democrats had a nominee on the November ballot for Lieutenant Governor, but no one for Governor, and that was permitted. The Democratic ticket of no one for Governor and someone for Lieutenant Governor received 6.6% of the November 1986 vote. That vote was essential for keeping the Democratic Party on the ballot. If the ticket had polled under 5% of the vote, the Democratic Party would have lost its status as a qualified party. The reason Democrats had no candidate for Governor that year was that the winner of the Democratic primary, Adlai E. Stevenson III, resigned from the Democratic ticket rather than run in November teamed with a supporter of Lyndon LaRouche.

If the North Dakota Libertarian Party has no nominee on the November 2012 ballot for Governor, the only way it can remain ballot-qualified will be if Gary Johnson, the presidential nominee, polls at least 5%.

U.S. District Court in Montana Upholds Ban on Political Party Endorsements in Judicial Elections

On June 26, late in the day, U.S. District Court Judge Charles Lovell refused to issue an injunction against the Montana law that makes it a crime for political parties to endorse candidates in judicial races. The case is Sanders County Republican Central Committee v Bullock, cv12-46-H.

The judge did reject the state’s argument that the party doesn’t have standing to challenge the ban. The state had argued that since the party has no bylaw authorizing such endorsements, therefore the lawsuit should be dismissed. But Judge Lovell said if the party did pass such a bylaw, that alone would be a criminal act, and that the party is not required to pass a bylaw before suing.

The constitutionality of the ban is still not formally settled, and a further hearing will be held on September 25. In the meantime, both sides are likely to collect evidence about the effect of party endorsements in judicial races. That will probably involve research from states with non-partisan judicial elections in which there is no ban on party endorsements.

Link to Utah Primary Results

Here is a link to the Utah state elections web page, showing election returns for the June 26 primary. In the Republican presidential primary, the vote so far is: Mitt Romney 93%, Ron Paul 5%, Fred Karger 0.3%, Rick Santorum 2%, Newt Gingrich .5%.

In the Constitution Party gubernatorial primary, the results so far are: Kirk D. Pearson 65%, Brandon W. Nay 35%.