North Dakota Libertarian Party Asks U.S. Supreme Court to Hear Ballot Access Case

Posted on by February 22, 2012
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On February 21, the North Dakota Libertarian Party asked the U.S. Supreme Court to hear its ballot access case. North Dakota won’t let minor parties place nominees on the November ballot for legislature unless between 10% and 15% of all the voters who turn out in a primary election choose that minor party’s primary ballot. The case is Libertarian Party of North Dakota v Jaeger. Here is the cert petition.

Although the U.S. Supreme Court has refused to hear any ballot access appeal brought by a minor party or independent in the past twenty years (excluding a Georgia case over whether candidates can be forced to take a drug test), this is the first appeal to the U.S. Supreme Court since 1968 involving a ballot access hurdle that requires support greater than 5% of the electorate.

Ohio Provisional Ballot Case to be Appealed Again

Posted on by February 22, 2012
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On February 21, Ohio Secretary of State Jon Husted said that Hamilton County Board of Elections will appeal the Hunter lawsuit to the 6th circuit again. This is the case that was filed after the November 2010 election, when an extremely close race for Hamilton County Juvenile Court Judge seemed to turn on whether certain provisional ballots should be counted. See this story. The case has already been to the 6th circuit once. The disputed ballots still haven’t been counted. The case is of great theoretical importance, because it concerns to what extent the Equal Protection portion of the 14th amendment protects voting rights. Thanks to Thomas Jones for the link.

2012 May be First Presidential Election in History with Five Parties Each Having a Nominee Who Had Served as a Governor, or in Congress

Posted on by February 22, 2012
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If Buddy Roemer gets the Americans Elect nomination, and if Gary Johnson gets the Libertarian nomination, and if Virgil Goode gets the Constitution Party nomination, 2012 will be the first presidential election in U.S. history in which five parties each had a presidential nominee, each of whom was also a declared candidate, and each of whom had served either in Congress or as a Governor.

Of course, this presumes that the 2012 Republican nominee will be a person who has served either as a Governor or in Congress.

Another historical note, assuming the candidates named above become nominees, will be that the Libertarian Party will be the second non-major party in U.S. history to have run as many as three presidential nominees, each of whom had once been a Governor or a member of Congress. The three, for the Libertarian Party besides Gary Johnson, are Ron Paul and Bob Barr. The only other minor party that has had at least three former members of Congress, or former Governors, as nominees, is the American Independent Party, which had George Wallace, John Schmitz, Lester Maddox, and John Rarick.