Even if Americans Elect has no nominees for any partisan office anywhere in the United States in 2012, it will still be a qualified party in 2014 in eleven states if it takes certain minimal steps to remain organized. Furthermore, if the organization will run candidates for office other than President in certain other states, it may remain ballot-qualified in additional states.

In these states, a group that successfully completes a party petition automatically is on the ballot for the next two general elections: Arizona, Maryland, and New Mexico. Americans Elect will therefore be on the ballot in those three states in 2014.

In Mississippi, a party that demonstrated that it has an organization continues to be ballot-qualified until the officers resign or otherwise cease to hold party office. In Florida, a party that continues to update its list of officers, and file certain financial reports, and to have at least $500 worth of financial activity, remains qualified. In South Carolina, a party remains qualified as long as it runs at least one candidate within a four year period. Therefore, Americans Elect can easily remain qualified for 2014 in those states if it wishes.

In California, under precedents set in 1948 and 1950 by the Independent Progressive Party, a party that uses the petition to become qualified in a presidential year remains qualified for the following midterm year, even if it doesn’t have registration of 1% of the last gubernatorial vote. However, it must have registration of at least one-fifteenth of 1% of the state total by January of the midterm year, in order to remain qualified for that midterm year. Americans Elect will need approximately 11,000 registered members by January 2014 to meet that test. It already has over 2,000 registered voters. California voter registration forms will list Americans Elect as a choice, starting in July 2012, so registration in Americans Elect is likely to rise to the needed 11,000 by January 2014.

In Kansas, qualified parties do not need to meet the vote test in presidential election years that happen to have no U.S. Senate race up. No U.S. Senate race is up in Kansas in 2012. In Wisconsin, parties that qualify in a presidential year are automatically on the ballot in the following midterm year. In South Dakota, parties that qualify in a presidential year are automatically on in the following midterm year. Therefore, Americans Elect will be on the ballot in 2014 in those three states.

In Vermont, a party that continues to be organized in at least ten towns remains on the ballot. Americans Elect already has this level of organization, although it would need to hold new meetings in each of those ten towns in late 2013 to keep that status in 2014.

Americans Elect can also be on the 2014 ballot in Idaho if it runs candidates for any three state or federal offices in 2012. Americans Elect could easily keep its status after 2012 if it would run three candidates for the state legislature this year. It still has time to nominate them, and could do so by convention. Americans Elect could keep its Michigan ballot status for 2014 if it ran a candidate for one of the seven non-presidential statewide partisan offices that are up this year, and Americans Elect still has time to nominate for Michigan offices. The vote test is very easy.
Other states with a fairly easy vote test (either 1% or 2%) in which Americans Elect still has time to nominate candidates for lesser statewide office include Missouri, Nebraska, Georgia, and Oregon.

On May 17, the Plaintiffs’ Reply brief was filed in the Califoria ballot access case. The case challenges the California January deadline for newly-qualifying parties. The hearing is Monday, May 21, at 1:30 p.m., in U.S. District Court in Los Angeles.

The hearing will determine whether the Justice Party and the Constitution Party (and any others) may continue to obtain new party registrations in their attempt to get on the ballot this year. Without any relief, they are far too late to get on the 2012 ballot. The case is California Justice Committee and Constitution Party of California v Bowen, 2:12cv-3956.

The state argues the two parties are far too small to qualify, even if they do get more time. But the Natural Law Party only had 634 registrants in February 1995, and it still managed to qualify in California by September 1995. The Reform Party also managed to qualify in September 1995, even though it had started its registration drive only three weeks before the deadline.

The U.S. District Court in Los Angeles is at 312 N. Spring Street, near Temple Street. The hearing is in Courtroom 15.

On Friday, May 18, a three-judge U.S. District Court heard Kostick v Nago, 1:12-cv-184. This is the case that challenges Hawaii’s legislative redistricting. The plan removed from the census data all the college students who had not lived in Hawaii before they came to Hawaii to attend school, and it also removed all the military personnel who had not lived in Hawaii before they were assigned to military bases in Hawaii.

The state defends the plan by saying there is a procedure by which these students and military can fill out a form, saying they intend to remain in Hawaii in the future.

According to this story, at least one of the three judges expressed grave reluctance to postpone the August 11 primary. Filing for that primary starts on June 5.