It appears that Ralph Nader will qualify for the ballot in 45 states, plus the District of Columbia, without having filed a single ballot access lawsuit. Nader is expected to be on the ballot as an independent candidate, with no partisan label, in 34 states, by his own choice. Also by his own choice, he will have a partisan label in eleven states. Those labels are: Independent Party in Delaware, Hawaii, Maryland, New Mexico; Peace & Freedom Party in California, Iowa, Utah; Populist in New York; Peace in Oregon; Ecology in Florida; Natural Law in Michigan.

Not every state lets an independent candidate use the word “independent” next to his or her name on the ballot. Some states insist on shunning that word and instead requiring an independent candidate to be labeled “by petition” or “nonpartisan” or “unaffiliated”, or “no party candidate” or other such unattactive labels. The State Supreme Courts of Minnesota and Massachusetts, many years ago, both ruled that “Independent” is such an important generic term, that the Constitution requires that independent candidates be allowed to use that word, if they wish it. It is possible that a similar lawsuit will be filed soon by Robert Owens, an independent candidate for Ohio Attorney General. He wants “independent” next to his name on the November ballot, but the state will only print “no-party candidate”.

Assuming Nader is on in 45 states this year, he will have exceeded his previous best showing, that of 2000, when he was on in 43 states plus D.C. The 45-state ballot access will be the best for a candidate who is universally perceived to be clearly of the “left”, since Henry Wallace in 1948 also appeared on 45 state ballots (except that Lenora Fulani was on in all 50 states in 1988). Some people might say that John B. Anderson in 1980 was to the “left” of both major party nominees, but that is not a universally accepted notion; most people would say Anderson had been a centrist (Anderson was on in all 50 states).

On August 23, the Delaware Libertarian Party held its nominating convention. It nominated a registered Libertarian for U.S. House, Mark Anthony Parks. For two seats in the state House, it nominated candidates who are also the Republican nominees. They are Tyler Nixon in the 4th district, and Jesse Priester in the 23rd district. They will each be on the November ballot twice, and voters who want to vote for them can choose either party label.

The Libertarian Party of Delaware tried to use fusion in 1994, when a registered Libertarian, John M. Reda, won the Republican primary for state house, district 13. He was also the Libertarian nominee. But the Attorney General ruled that Delaware did not permit fusion, so Reda kept his Libertarian nomination and the Republicans had no nominee.

Later, the Attorney General changed his mind. But in the years since, the only Delaware minor party that has engaged in fusion with a major party has been the Independent Party. The Working Families Party tried to use it, but all the Democrats who earned the WFP’s support declined the WFP nomination, on orders from the Democratic Party state organization. Thanks to LastFreeVoice for the news about the Delaware Libertarian convention.