The New York Independence Party is already somewhat famous for its on-going dispute between the New York state officers and the New York city branches of the party. However, an entirely different intra-party dispute has cost the party an opportunity to nominate a candidate in the special State Senate election set for February 26.

The special election is to fill the vacant State Senate seat in the 48th district. The 48th district includes all of Jefferson County, all of Oswego County, and part of St. Lawrence County. In New York special elections, parties nominate by committee instead of by primary. The Jefferson County Independence Party Committee nominated Darrel Aubertine (who is also the Democratic and Working Families nominee), but the Oswego County Independence Party Committee nominated William Barkley (who is also the Republican and Conservative nominee). Apparently the St. Lawrence County Committee did not take any action. The issue of who is the Independence Party nominee went to court, and on February 15, a State Supreme Court Justice ruled that, because of various technicalities, only the State Committee of the party could have nominated. Since the State Committee did not act, and it is now too late, the party will have no nominee. The Oswego Independence committee is appealing this decision.

The 48th district is so strongly Republican that in 2006, the Democratic Party didn’t even run anyone. The Independence Party state officers have said they believe that William Barkley, the Republican nominee, should also be the rightful Independence Party nominee.

On February 7, a U.S. District Court in Hawaii upheld a state law that requires independent presidential candidates to submit six times as many signatures as are needed for a new party. Nader v Cronin, civ 04-611.

For 2008, independent presidential candidates need 4,291 signatures, whereas new parties only need 663 signatures. When a new party qualifies in Hawaii, the state is obliged to print up primary ballots for it, and it is entitled to nominate for all partisan offices in the state.

Judge J. Michael Seabright said “Although groups seeking to form a new political party needed 677 signatures in 2004, political parties are subject to different requirements not applicable to independent candidates, including filing the petition by April 1, 2004 (as opposed to September 3, 2004 for independent presidential candidate petitions). Further, political party candidates may be subject to primary elections or party conventions, while independent candidates’ names are placed directly on the ballot upon submission of a valid petition.”

Of course, the “burden” of holding a primary is a burden on state elections administrators, not a burden on the party.

As to the fact that petitions to qualify a new party in Hawaii are due much earlier, the judge probably didn’t know that in 1986, another U.S. District Judge issued an injunction against the Hawaii April deadline on the grounds that it was unconstitutionally early. The 1986 decision ordered the state to put the Libertarian Party on the ballot, even though it didn’t finish its petition by the deadline. Afterwards, the party never returned to court to obtain declaratory relief, so the April deadline still exists in the law.

Nader’s current lawsuit against Hawaii also included a charge that petition-checking procedures in Hawaii violate due process. Judge Seabright feels this claim may have merit, and he set a trial for March 4 on that issue.

Pennsylvania does not allow unqualified parties to circulate their petitions until mid-February. The petitioning period opened a few days ago. The Constitution, Green, Libertarian and Reform Parties have started, or are on the verge of starting. The statewide requirement is 24,666 signatures, due August 1.

Pennsylvania has no procedure for an unqualified party to circulate a petition that just names the party. Instead, Pennsylvania only has procedures for petitions that list candidates. However, Pennsylvania permits stand-ins. The Constitution Party stand-in national ticket is Jim Clymer for president and Chuck Baldwin for vice-president. The Green Party stand-in national ticket is John Zachmann for president and K.C. McCurry for vice-president. The Libertarian stand-in national ticket is Rochelle Etzel for president and Chuck Boust for vice-president. The Reform Party petition lists Michael Bloomberg for president and Frank McKay for vice-president.