The former Republican and Libertarian congressman is thinking about seeking the GOP nomination in the race in 2024 to succeed retiring Democratic Senator Debbie Stabenow.
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Maine Secretary of State Shenna Bellows has appealed to the Maine Supreme Judicial Court the Kennebec County Superior Court decision that stays her decision to remove Donald Trump from the Maine presidential ballot until the US Supreme Court rules whether the State of Colorado can remove him from its ballot.
On January 17, the Louisiana House passed HB 17, which restores the ability of parties to have nominees. It would take effect in 2024 for congressional elections (although Louisiana has no U.S. Senate race in 2024). For 2024, the partisan primary would be in August, but in future years partisan primaries would be in March.
The bill raises the presidential general election filing fee from $500 to $1,000.
For non-presidential offices, candidates who are not members of a qualified party would need a petition to get on the general election ballot. Non-presidential statewide petitions would require 5,000 signatures. The worst aspect is that only voters who are not registered as members of a qualified party could sign. The only states that ever had such a provision were Louisiana approximately 100 years ago, and Arizona from 1993 to 1999. In 1999, the restriction on which voters can sign independent candidate petitions was declared unconstitutional in Campbell v Hull, 73 F.Supp.2d 1081.
HB 17 passed the Senate committee on January 18 and the Senate is expected to vote on it on January 19. The Senate Committee amended the bill, but it is not known what the amendments are.
Partisan primaries would be only for parties that had a presidential nominee, or a member running for other statewide office, who got 5% in the last election. The qualified parties that would not have a primary would be the Libertarian, Green, and Independent Parties. The bill does not explain how they would nominate candidates. Presumably, it would be by convention, with their own party bylaws setting forth the rules.
Parties with primaries would decide for themselves whether to let independent voters vote in their primaries. Thanks to Jim Riley for this news.
One of the amici in the Trump Colorado ballot access in the U.S. Supreme Court argues that tne Ninth Amendment protects the right to vote for the candidate of one’s choice. See it here. It is filed by 3,000 voters, including some voters from every state.
The Ninth Amendment says, “The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people.”
On January 18, former President Donald Trump filed his brief in the U.S. Supreme Court in the Colorado ballot access case, Trump v Anderson, 23-719.
His arguments, in this order, are: (1) Section Three doesn’t apply to president and vice-president; (2) Trump did not engage in insurrection; (3) Section Three needs an implementing law and Congress has never passed such a law; (4) Section Three doesn’t relate to running for office, but holding office; (5) The Colorado challenge statute doesn’t permit a Colorado state court to order the Secretary of State to remove a candidate from a ballot.
The brief does not use the argument that governments cannot interfere with a political party’s process for choosing a nominee, but that is because the Colorado Republican Party is also in the case and the party makes that argument.