Two Lawsuits Aim to Keep RFK, Jr. Off the Ballot in New York State

Here is a story about a lawsuit filed in Nassau County.

Here is a story about a lawsuit filed in Dutchess County.

Here is a link to the Complaint in the Dutchess County litigation.  

The Dutchess County lawsuit fails to note that, while Kennedy and Nicole Shanahan, his VP running mate, both live in California, one of them could move to another state before January 6, 2025, which would allow them to receive California electoral votes, in the event that they won the presidential election in that state.

Given the numbers presented in the USA Today article about the Nassau County lawsuit, the Kennedy/Shanahan ticket would need a signature validity rate of only 30.79% in New York. The suit alleges that only 21.31% of the petition signatures are valid.

The Dutchess case is Cartwright v Kennedy, 52389/2024.  The Nassau case is Smith v Kennedy, 000427/2024.

Libertarian Party of Colorado Announces It Will Not Place LP Presidential Ticket on the Ballot in that State

Here is yesterday’s announcement on X.

The Libertarian Party of Montana has also stated that they will not place the LP presidential ticket of Chase Oliver and Mike ter Maat on the ballot in that state.

Only one time in its history has a Libertarian Party state affiliate placed a presidential ticket other than the national convention-nominated presidential ticket on its ballot. That was in 2000, when the Libertarian Party of Arizona declined to put the Harry Browne/Art Olivier ticket on the ballot, and instead placed L. Neil Smith for President and Vic Supranowitz for Vice President on the general election ballot in Arizona.

Michigan Secretary of State States that She Wants to Modernize Ballot Access Laws Due to Forgeries

Here is a link to the article in today’s Detroit News, although it is behind a paywall. But, the following is a synopsis of the article.

It is asserted that, over the past five to seven years, there has been an uptick in petition fraud in Michigan. Secretary of State Jocelyn Benson is calling for a “review and modernization of ballot access laws” in Michigan. She says the same petitioning “bad actors” are hired repeatedly in Michigan. She wants harsher penalties for petition fraud. Benson questions whether paper petition signatures are the best way to qualify for the ballot. Many local candidates in Michigan pay a fee to get on the ballot, and maybe that should be the policy for higher level races. She has talked with the Chair of the Michigan Senate Elections Committee about a “wholesale rewrite” of Michigan’s ballot access laws. Could AI help the signature validation process, or could it be used fraudulently? A signature forgery scandal knocked five Republican Governer candidates off the primary ballot in 2022. Eight US House candidates and several judicial candidates were struck from the 2024 primary ballot due to insufficient valid signatures. One GOP US House candidate who was knocked off the ballot says the rules are applied unevenly.

My commentary: The article was short on a lot of specifics (not the fault of its author), but, as I have written on this blog before, the problem in Michigan is that signature requirements are too damn high. This forgery problem is, in my opinion, a self-inflicted wound by the State of Michigan that would largely end if there were lower, more reasonable petition requirements. To require a major party candidate for statewide office to collect 15,000 valid signatures to get on a primary ballot is absurd. It’s only 12,000 signatures for an Independent candidate, but it used to be 30,000 signatures, until the Sixth Circuit Court of Appeals ordered the number reduced in its Graveline v. Benson decision. No petitioning requirement for candidates or political parties should ever be more than 0.1% of the number of registered voters eligible to vote for that office. That is a sufficient barrier to so-called “ballot crowding.” If Michigan instituted that law, or reasonable fees that the non-wealthy could pay to get on the ballot, it would largely do away with candidate and political party signature fraud in that state.