Minnesota Legal Marijuana Now Party Will Hold State’s First Presidential Primary for a Third Party in Over 100 Years

The Legal Marijuana Now Party is the only ballot-qualified party in Minnesota, other than the two major parties.  It will hold a presidential primary on March 5, 2024, the first time since 1916 that Minnesota has held a presidential primary for a party other than the two major parties.

The candidates are:  Edward Forchion, Krystal Gabel, Rudy Reyes, Dennis Schuller, and Vermin Supreme.

Although there have been qualified minor parties in Minnesota during the last few decades, Minnesota didn’t hold presidential primaries in the years when those minor parties were on the ballot, such as the Reform Party, the Independence Party (which were the same party, with various name changes) and the Green Party.

Minnesota did hold presidential primaries in 2020, but the Legal Marijuana Now Party didn’t choose to have a presidential primary.  Thanks to Dan Vacek for this news.

Texas Republican Party Says Initiative Petition on Secession is Invalid

On December 27, the Texas Republican Party said the initiative petition for secession is invalid.  Texas does not have the statewide initiative for state laws or constitutional amendments, but Texas does permit statewide advisory initiatives on partisan primary ballots.  Such petitions for the Republican Party in 2024 require 97,709 signatures.  A group that supports secession from the United States submitted 139,000 signatures.

The party says the initiative petition was due on December 10, the day before the candidate filing petition deadline.  December 10, 2023, was a Sunday, and the Republican Party’s office, which is the place to submit the petitions, was not even open that day.  The group supporting the initiative believes the deadline is December 11, and submitted the petition that day.

Also, the party also says most of the signatures were electronic, and disputes that such signatures are valid.

The sponsors of the initiative say they will file a lawsuit to valid their petition.  The lawsuit will need to move fast; the primary is March 5.  See this story.  Thanks Jim Riley for this news.

U.S. District Court in West Virginia Dismisses Lawsuit Designed to Keep Donald Trump Off the West Virginia Republican Primary Ballot

On December 21, U.S. District Court Judge Irene C. Berger, an Obama appointee, dismissed John Anthony Castro’s lawsuit on whether Donald Trump should be on the West Virginia Republican presidential primary ballot.  Castro v Warner, s.d., 2:23cv-598.  Here is the decision.

No one is yet on the West Virginia Republican primary ballot, which will be held May 14.  Castro asserted that he will be on the ballot.  The decision assumes that is true, but says because his campaign is so weak, he doesn’t have standing.  Castro has appealed to the Fourth Circuit.

Nevada Republican Party Files a Brief in the Nevada Trump Ballot Access Case

On December 26, the Nevada Republican Party filed this brief in Castro v Aguilar, 2:23cv-1387.  This is the lawsuit filed by John Anthony Castro to keep former President Donald Trump off the ballot in the Nevada Republican presidential primary.

Castro’s Nevada lawsuit is his weakest lawsuit, because, as the Republican Party explains, Donald Trump isn’t even participating in the state-administered Nevada Republican presidential primary.  Instead he and most of the other strong contenders for the Republican nomination are using the Nevada Republican caucus.  The Nevada Republican Party refused to let anyone compete in its caucus if that person ran in the government-administered presidential primary.

Lawsuit Against the Nation’s Worst Ballot Access Law is Still Alive

The nation’s worst ballot access law, by far, is Georgia’s law on how a candidate gets on the general election ballot for U.S. House if the candidate is not the nominee of a party that got 20% of the vote in the last presidential or gubernatorial election.

The law, passed in 1943, requires a petition of 5% of the registered voters.  In practice, this has proved so difficult that no third party candidate has ever done it, and no independent has done it since 1964, when details of the petition requirement were far easier than they are now.

The Georgia Libertarian Party sued to overturn this law in 2017, and the case is still pending.  The party lost on the First Amendment issues in the Eleventh Circuit after it had won on those issues in the U.S. District Court.

Last year, the party also lost on the Equal Protection issues in U.S. District Court, but the court made a clear error on procedure and on December 4, 2023, the party requested a rehearing, which is still pending.  Cowen v Rafflesperger, n.d., 1:17cv-4660.