Candidates need 500 signatures to appear on the Delaware presidential primary, unless they appear to have qualified for primary season matching funds. The signatures were due on December 10.

Bill Richardson did not file any Delaware signatures, and has not tried to qualify for primary season matching funds, so he won’t be on the Democratic ballot.

Democrats who did file 500 signatures, or who have been certified for primary season matching funds, or who are waiting to see if they are certified for matching funds, are Biden, Clinton, Dodd, Edwards, Kucinich, and Obama. Since Kucinich did not submit signatures and has not yet been certified for primary season matching funds, he will not appear unless the FEC certifies him by December 19.

Republicans who did file 500 signatures, or who are certified for matching funds, are Giuliani, Huckabee, McCain, Paul, Romney, Tancredo, and Thompson. Fred Thompson filed his signatures 5 minutes before the deadline. If any petition is found to be insufficient, Delaware gives the candidates time to get more signatures.

The qualified minor parties of Delaware are entitled to their own presidential primary (even though they don’t nominate by primary for other office). However, there has never been a minor party presidential primary in Delaware, because no minor party candidate has ever been able to collect the 500 signatures. Only registered party members can sign these petitions, and typically Delaware’s qualified minor parties only have between 350 and 750 registered members. Also Delaware won’t hold a presidential primary for any party unless there are at least two candidates in that primary.

The Federal Election Commission estimates no primary season matching funds will be paid until March 2008. Normally they would be paid on January 1, 2008. However, there isn’t enough money in the Presidential Campaign Federal Fund to pay for primary season matching funds, because not enough taxpayers have been checking the “yes” box on their 1040 forms.

The fund gives highest priority to funding the general election campaigns of the parties that polled at least 5% of the vote in the last presidential election. The fund gives the second highest priority to funding the national conventions of those parties. Primary season matching funds, the only type of federal campaign funds that minor party presidential candidates may routinely receive, have the lowest priority.

Of course, if a candidate is certified for primary season matching funds and knows that he or she will receive them in March or April 2008, that candidate may borrow money, with the expectation of repaying the loan from the proceeds.

The only minor party presidential candidate who is trying to qualify for primary season matching funds is Cynthia McKinney. If Ralph Nader declares later this month, he would also likely attempt to qualify for primary season matching funds. The only major party candidates who have already qualified for primary season matching funds are Republicans John McCain and Tom Tancredo, and Democrats John Edwards, Chris Dodd, and Joe Biden. Although McCain has qualified, he hasn’t said yet whether he would accept them. Most prominent major party candidates are not seeking primary season matching funds because they don’t like the spending restrictions that come with them.

On December 10, a Democratic Party activist sued the Michigan Democratic Party, and the Michigan Secretary of State, over the fact that the Democratic presidential primary will not include Joe Biden, John Edwards, Barack Obama and Bill Richardson. The plaintiff alleges that she wishes to vote for one of them (she doesn’t say which one). Her complaint cites public opinion polling data that shows 44% of Michigan voters who plan to vote in the Democratic primary would like to vote for one of those four.

The case is Martha Hayes v Michigan Democratic Party, 1:07-cv-1237, filed in U.S. District Court, western district, southern division. Thanks to Thomas Jones for this news.

There will be another federal lawsuit filed after the primary by at least one minor political party, over the fact that the list of presidential primary voters will be given to the Democratic and Republican Parties and no one else. The ACLU will sponsor that case.