This year, the New Mexico legislature passed SB 678, which moves the independent presidential petition deadline from September to June, and also moves the deadline for non-presidential independent candidates from July to June. The bill did not affect the petition deadline for minor party nominee petitions. They continue to be due in July.

Courts in Alaska, Kansas, Nevada, Rhode Island, and South Dakota have previously ruled that independent presidential deadlines as early as June are unconstitutional. However, since then, courts in Texas and Arizona have upheld such deadlines.

In 2000, the Reform Party received $2,522,690 from the U.S. government to pay for its national presidential convention. It was entitled to this money because it had polled over 5% for president in 1996.

In 2002, the Federal Election Commission audited the party, and determined that $333,588 was not properly spent, and should be returned to the U.S. treasury. On November 22, 2005, a U.S. District Court in Florida refused to disturb the FEC’s claim that the money is owed. The federal court in Florida said the only possible court to give the party any relief is the U.S. Court of Appeals in Washington, D.C., but that court had already denied any relief in 2003. The Florida court has forbidden the Reform Party national committee from spending any money until it repays the debt to the government. FEC v Reform Party, northern district of Fla., 1:04-cv-79.

An excellent initiative seems likely to have qualified in Massachusetts. It would legalize “fusion” (the practice of letting two parties jointly nominate the same candidate). Also, it would make it substantially easier for a party to remain qualified. The initiative needed 65,825 signatures, and proponents turned in 109,000.

Current law requires parties to poll 3% for one statewide nominee, every election. Many minor parties can easily meet this requirement in mid-term years, and can even meet it fairly regularly in presidential years if there is a U.S. Senate race up that year also. But in years like 2004, when the only statewide race was president, it is rare for minor parties to pass the test. For example, in 2004, both the Libertarian Party and the Green Party went off the ballot.

The initiative would change the vote test, so that a party can survive if it met the vote test at either of the last two elections.