The Tennessee independent presidential petition deadline is August 15 this year, not August 20. In 2021 the deadline was changed from the third Tuesday in the third month before the election, to the third Thursday before the third month. BAN did not previously learn this, so the chart in the printed version is incorrect.
On August 12, the Washington State Democratic Party challenged Robert F. Kennedy, Jr’s ballot position. See this story.
The procedure that Kennedy used has been normal in Washington state for over 30 years. Although the state law talks about attendees at a nominating convention, that has long been interpreted to mean an outdoor meeting, with passersby signing, is permitted.
On August 12, the Justice for All Party won its North Carolina ballot access lawsuit in federal court. Ortiz v North Carolina State Board of Elections, e.d., 5:24cv-420. The State Board of Elections had rejected the party’s petition even though the county boards had said it had enough valid signatures.
The Democratic Party and the State Board of Elections had said the petition should not be approved because a small sample of the voters said they did not remember signing the petition, but the opinion says that is not persuasive. Also the opinion says there is nothing illegal about outside groups helping a new party to collect signatures. The decision is by U.S. District Court Judge Terrence Boyle, a Reagan appoointee.
On August 12, a Nevada state trial court ruled that the Green Party should remain on the ballot. Nevada State Democratic Party v Nevada Green Party, 24 oc-00107. The Green Party was last on the Nevada ballot in 2010.
One of the phrases that should have been on the petition was missing, but that is because the Secretary of State’s office had given the party the wrong form. The judge ruled that the omission is not important and that the petition substantially complies with the law. Also the Democratic Party had alleged there weren’t enough valid signatures, but the judge found the Democratic Party was mistaken about that.
On August 12, a New York state trial court judge in Albany removed Robert F. Kennedy, Jr., from the ballot, on the grounds that his address on his declaration of candidacy was not accurate. Cartwright v Kennedy, 906349-24, Albany Co. Supreme Court.
See the decision here.
The judge had refused to let Kennedy make arguments about the constitutionality of the law. He will appeal. The decision does not mention Trump v Anderson, the U.S. Supreme Court decision that said Article Two implicitly bars letting states reject presidential candidates from the ballot, thus creating a “patchwork.” Nor does the decision deal with the point that the true candidates in a presidential election in November are the candidates for presidential elector.
This is only the second time in U.S. history that a presidential candidate has been removed from a general election ballot on the basis that a residence address on an election document is not accurate. The first instance was in 2020, when the Wisconsin State Board of Elections removed the Green Party ticket because the vice-presidential nominee had moved during the petition drive, so that her address was inaccurate on some of the petition sheets.
If the decision is not reversed, New York will probably be the only state in November in which only two names are on the ballot for president.
