On November 7, the 10th circuit ruled against the Libertarian Party’s ballot access lawsuit, for reasons having to do with court rules, not over the merits. The case is Libertarian Party of New Mexico v Herrera, no. 06-2303.

The case had been filed in 2006, after the Libertarian Party had successfully petitioned for party status. Under New Mexico law, even though the party was now ballot-qualified, it was required to submit a petition signed by 1% of the last vote cast, for each of its nominees. The U.S. District Court had scheduled a hearing to gather evidence, but had cancelled the hearing only 3 days before that hearing. The U.S. District Court had then ruled that no possible set of facts could result in the law being held unconstitutional, since in 1971 the U.S. Supreme Court had upheld petitions of 5% for independent candidates and for the candidates of unqualified parties.

The party had appealed, but the 10th circuit said that the party is not entitled to relief because it it made a procedural error. Specifically, the 10th circuit said the party’s Rule 56(f) Motion, asking for a chance to present evidence, wasn’t detailed enough. As to the merits of the case, the 10th circuit said “We need not resolve this.”

Any qualified party in New Mexico that is entitled to nominate by convention, and not by primary, is free to file a similar lawsuit in the future.

On November 7, members and nominees of the Green and Libertarian Parties won both partisan elections, and non-partisan elections. This post covers partisan elections.

Green Party: in New Haven, Connecticut, Green Party nominee Allan Benson defeated his Democratic opponent by 57.7% to 42.3%, for Ward 10 alderman. The vote was 386 to 283.

In Albany County, New York, Green Party nominee David Lussier, a masters degree student in Urban Planning, defeated his Democratic opponent 50.2% to 49.8%, for County Legislator, district 7. However, not all the absentee votes have been counted. So far the tally is 531 to 526. The Democratic nominee had defeated the incumbent Democrat in the September 2007 primary, and many Democrats were unhappy with that result and supported the Green nominee.

In Windham, Connecticut, one of the Green Party of Connecticut’s state chairs, Jean de Smet, was elected Selectman. She defeated both a Democratic nominee and a Republican nominee. She was running under the party label “Bottom Line Slate”. She polled 45.2%; the Democrat polled 41.8%; the Republican 13.0%. The vote was 1,637; 1,514; and 471.

Libertarian Party: Susan Bell was unanimously re-elected Town Court Judge in Hagerstown, Indiana. This is a partisan election. UPDATE: There is a second Libertarian partisan winner in Indiana. Michael Sloan was elected unanimously to the Pottawatomie Park Town Council.

Three Pennsylvania Libertarian nominees won partisan elections in Pennsylvania: Myron Dietrick was elected Avis Borough Mayor (Clinton County). Mary Lea Lucas was elected to the Borough Council in Strattenville (Clarion County). Erik Viker was elected to the Selinsgrove Borough Council (Snyder County).

On November 7, a lower state court in Michigan ruled that it is unconstitutional for the state to hold presidential primaries for the two major parties and then give the list of participants only to those two major parties. Grebner v State of Michigan, Ingham County Circuit Court. Judge William Collette ruled from the bench at the conclusion of the hearing. A quick appeal is virtually certain. Thanks to Thomas Jones for this news.