On July 19, the Nebraska Democratic Party urged the Secretary of State to rule that he can’t be an independent candidate in Nebraska, because he is a minor party nominee in certain other states. See this story.

The Democratic Party letter ignores the fundamental point that the true candidates in a presidential election in November are the candidates for presidential elector. Technically, there is no “presidential election” in the United States. Instead, in November, there are 51 separate elections for slates of presidential elector candidates. The elections are separate. It is of no importance that Kennedy has elector candidates in some states that are independents, while in other states they are members of a one-state party.

Every minor party or independent presidential candidate of any consequence in U.S. history has used a mix of methods to get on the ballot. This is true for Theodore Roosevelt in 1912, Robert La Follette in 1924, Congressman Thomas Lemke in 1936, Henry Wallace in 1948, Strom Thurmond in 1948, George Wallace in 1968, Congressman John Schmitz in 1972, John Anderson in 1980, Ross Perot in both 1992 and 1996, and every Libertarian and Green presidential nominee 1976 through the present.

On July 11, independent legislative candidate Justin Tjaden filed a federal lawsuit against the Ohio ballot access law for independent candidates for district office. Tjaden v Geauga County Board of Elections, n.d., 1:24cv-1176. The plaintiff had tried to get on the ballot this year, but was told he didn’t have enough valid signatures. He originally sued in state court. He is an attorney and he is using the lawsuit to attack the idea that independent candidates need far more signatures than primary candidates running for the same office. See this story.

The case is assigned to U.S. District Court Judge Solomon Oliver, a Clinton appointee.

Mississippi will elect its entire legislature in November 2025, even though all state legislators were also up for re-election in November 2023 and Mississippi provides for four-year terms for all its legislators, in both houses. On July 18, 2024, a 3-judge U.S. District Court issued a ruling in Mississippi State Conference of the NAACP v State Board of Election Commissioners, 3:22cv-734, s.d. The panel had already ruled on July 2 that the districts violate the federal Voting Rights Act. The July 18 ruling says the legislature need not redraw the districts immediately and need not hold legislative elections this year.