On November 16, the U.S. District Court in Richmond, Virginia, again heard Miller v Brown, 3:05cv-266. The issue is whether the First Amendment protects the Republican Party’s right to insist on a closed primary for itself. The case was originally rejected by U.S. District Court Judge Henry Hudson (a Bush Jr. appointee) on procedural issues, but the 4th circuit had said the case is procedurally sound, and should be heard on its merits. The state defended Virginia’s existing system by saying that if the Republican Party doesn’t like having an open primary, it is always free to hold a nominating convention instead. The state also complained that if the party wins the case, the state will be forced to institute registration by party. It was difficult to predict which way Judge Hudson will rule.

Teddy Roosevelt’s Progressive Party polled 2,205,542 votes for its candidates for US House in 1912, and 1,117,939 votes for that office in 1914.

But after that, no party other than the Democratic and Republican Parties had ever polled as much as 1,000,000 votes for its candidates for US House, until the Libertarians did it in 2000, 2002, and 2004. The totals were: 2000 1,727,181; 2002 1,204,248; 2004 1,026,668.

But in 2006, the Libertarians have fallen short of that benchmark. With approximately 98% of the national vote now counted, the Libertarian total (not including the special election in the Texas 22nd district) stands at 608,308. The lower total is a consequence of fewer Libertarian candidates this year (for that office) than in any year since 1994.

The US Senate Libertarian total this year so far is 602,436.

This year, the 2nd highest total for US House was achieved by the Green Party, whose total now stands at 273,071. The Green US Senate total so far is 358,067.

As a result of the November 7 election, Democrats control both houses of the legislature in 23 states, whereas Republicans control both houses in 15 states (the remainder are split between the two major parties, or are non-partisan).

The National Popular Vote Plan, the proposal for a compact of states to appoint only presidential electors who are pledged to the national popular vote winner, will probably get a boost from Democratic gains in state legislatures. Although proponents of the National Popular Vote Plan have worked very hard to present a non-partisan appeal, during 2006 it became very clear that Democratic state legislators virtually unanimously support the idea, whereas few Republican state legislators support it.