The Constitution Party no longer enjoys qualified status in California, so the party is taking steps to make it possible for its 2012 presidential nominee to be on the California general election ballot. Earlier this month, the party sought a ruling from the California Secretary of State on whether out-of-state circulators are permitted, at least for an independent presidential candidate petition.
Although California law bars out-of-state circulators, and even out-of-district circulators, the California Secretary of State already ruled that she would not enforce the laws that restrict circulators for district office from working outside their home district. Also, the 9th circuit ruled in 2008 in an Arizona case that states cannot bar out-of-state circulators, and California is in the 9th circuit.
Also, Gary Odom, national Field Director for the Constitution Party, and a former Californian himself, has called on all Constitution Party activists and members in California to change their voter registration from “American Independent” to “Constitution.” If the Constitution Party could persuade 103,004 Californians to list themselves as Constitution Party members on voter registration forms, it would become ballot-qualified.
The lawsuit in which the faction of the American Independent Party that is loyal to the Constitution Party argues that the Secretary of State has recognized the wrong state party officers is still alive, however.