On April 3, the North Dakota Libertarian Party state convention endorsed eight candidates, each of whom will run unopposed in the party’s primary on June 8, assuming the state approves the party’s ballot access petition. North Dakota requires 7,000 signatures to recognize a new party, and the party is in the process of turning in 8,400 raw signatures. North Dakota does not have voter registration, so there is no list of registered voters to check the petition against. The Secretary of State, when presented with a petition, randomly samples some names from the petition and sends a piece of postal mail. If the post office doesn’t return more than a handful as undeliverable, the petition is approved.

The Libertarian Party is the first party in North Dakota history to submit a party petition in a midterm year. The party petition procedure has only existed since 1939. It required 15,000 signatures until 1980, when the 8th circuit ruled that the number was too high. In 1981 the legislature lowered it to 7,000.

If the party’s candidate for Secretary of State this year polls 5%, the party’s ballot status will be extended into 2012. The party has candidates for six statewide offices, one for State House, and one for Sheriff of Grand Forks County.

North Dakota is the only state that says that a candidate is not necessarily deemed nominated in a party’s primary, just because the candidate outpolls all his or her opponents in that primary. Additionally, a candidate must poll a minimum number of votes in the primary. Any statewide candidate who does not get at least 300 votes in the primary will not be allowed to be on the November ballot. Legislative and county candidates face an even more severe primary ballot hurdle. The candidate for the legislature, Anthony Stewart in the 17th district, will need 131 primary votes. While that sounds low, there were only approximately 1,250 voters who voted in the primary in that district in 2006. For Stewart to persuade over 10% of all the primary voters to abstain from voting in the Democratic and Republican primaries, and instead choose a Libertarian primary ballot, will be very difficult. A somewhat similar Minnesota law, requiring candidates in a party primary to poll a minimum number of votes, was declared unconstitutional in 2004 by the Minnesota Supreme Court, in a unanimous decision called Candidacy of Independence Party Candidates v Kiffmeyer, 688 NW 2d 854.

Pia Varma, the only Republican trying to get on the May 18 Republican primary ballot for Pennsylvania’s U.S. House seat, First District, has appealed to the Pennsylvania Supreme Court. She was removed from the ballot by the lower court because some of her signatures were gathered by a Republican who didn’t live in the First District. For earlier coverage, see here.

Starting in 2001, there have been at least 12 reported decisions striking down residency requirements for petition circulators, and none upholding them. One of the precedents is from the Eastern District, U.S. District Court, Pennsylvania. It struck down the in-district residency requirement for independent candidate petitions.

On April 2, a state court in Arkansas heard the lawsuit Proctor v Daniels, over whether former state court judge Willard Proctor may be a write-in candidate for his old judicial post. See this story. See here for an earlier BAN post that explains the issues in Proctor’s case.