The Libertarian Party of North Dakota is racing to finish its petition for party recognition by the April 9 deadline. The requirement is 7,000 signatures, and the party has more than 4,000.
The petition to recognize a political party has existed in North Dakota since 1939 (prior to that, there were only independent candidate petitions, which permitted the candidate using the independent procedure to choose a party label that was printed on the November ballot next to the candidate’s name). In all the years the North Dakota party petition procedure has existed, no party has ever used it in a midterm year.
Between 1939 and 1980, the party petition was 15,000 signatures, but the 8th circuit ruled in McLain v Meier that the law was too harsh. In 1981 the legislature lowered it to 7,000 signatures.
The most important offices up in North Dakota in 2010 are U.S. Senate, U.S. House, and Secretary of State. If the Libertarian Party gets on the ballot in 2010 and polls as much as 5% for Secretary of State, it will be automatically on the ballot in 2012.