Although New York state’s Right to Life Party lost its status as a qualified party in 2002, it has continued to appear on the ballot in part of the state, and will do so again this year.  It has petitioned to place candidates on the ballot for Justice of the Supreme Court in the 9th district, which includes Westchester County and some other counties in the Hudson Valley.

The Right to Life Party ran candidates for this office as well in 2009, 2007,  2005,  and 2004.

The party lost its status as a qualified party when it only polled 44,195 votes for Governor in 2002.  New York state law requires that a party poll 50,000 votes for Governor in order to obtain or keep qualified status.

Some observers feel there is a chance that the Conservative Party might lose its status as a qualified party this year.  The Conservative Party has a primary for Governor on September 14, between Rick Lazio and the Conservative Party’s own vice-chair, Ralph Lorigo.  The Republican gubernatorial primary this year is between Rick Lazio and Carl Paladino.  Paladino is a foe of the Conservative Party and if he becomes the Republican nominee, he will also be the nominee of a new party, the Taxpayers Party.

On August 23, U.S. District Court Henry E. Hudson, a Bush Jr. appointee, refused to grant injunctive relief against a Virginia law that requires circulators for candidates to Congress to live in the district.  Lux v Rodrigues, 3:10-cv-00482, eastern district.

The judge seemed sympathetic, but said he is bound by a 1985 decision of the 4th circuit, Libertarian Party of Virginia v State Board of Elections.  That case was really about the requirement that statewide petitions needed signatures in each U.S. House district, a requirement that no longer exists.  But in the course of upholding the requirement that signatures needed to come from each U.S. House district in the state for a statewide petition, the panel also seemed to approve of the law that does not permit circulators to work outside their home congressional district.

That 1985 case, and the 2010 case, relied on “rational basis” scrutiny.  But in 1999 the U.S. Supreme Court struck down laws requiring circulators to be registered voters, and used strict scrutiny, so there is an easy argument to be made to the 4th circuit in the Lux case that the U.S. District Court decision should be reversed.  Lux is expected to appeal quickly.  He is an independent candidate for U.S. House in the 7th district, and whether he gets on the ballot depends on his appeal.

A U.S. District Court in Los Angeles has set a scheduling conference for November 29, in Libertarian Party of Los Angeles County v Bowen, 2:10-cv-2488.  This is the case that challenges a California election law that says petitions-in-lieu of filing fee can’t be circulated unless the circulator lives in the district, and also lives in the same county.