Most Important Presidential Nominees of New Parties, or Independent Presidential Candidates, Have Depended on Pre-Existing Parties to Help with Ballot Access

As Robert F. Kennedy, Jr., and his supporters, mull over strategy for getting on the ballot, this information may be helpful to them.

In 1924, U.S. Senator Robert La Follette launched an independent presidential candidacy with the “Progressive” label. La Follete did not consider himself a socialist but he was happy to have the nomination of the Socialist Party, because without it he could not have been on the ballot in California. California at the time did not permit independent presidential canddiates and it was too late to get a new party on the California ballot.

In 1936, Congressman William Lemke launched a presidential campaign under the banner of the Union Party, a new party. But he was happy to have the nomination of The Third Party of Michigan, a pre-qualified party. Without it, Lemke could not have been on the ballot in Michigan, because Michigan didn’t allow independent presidential candidates and it was too late for a new party to qualify in Michigan.

In 1948, Henry Wallace launched a new Progressive Party, but he also depended on the pre-existing American Labor Party so that he didn’t need a New York petition.

Also in 1948, Strom Thurmond launched an independent presidential candidacy with the label “States Rights” or “States Rights Democrat”, but he was happy to have the nomination of the Democratic Parties of South Carolina, Alabama, Mississippi, and Louisiana.

In 1968, George Wallace launched an independent presidential campaign using various labels, mostly “American”, “American Independent”, or “George Wallace Party.” But he was happy to have the nomination of the pre-qualified Conservative Party of Kansas, because otherwise he probably could not have been on the Kansas ballot. Kansas did not allow independent presidential candidates, and the law on how a new party got on the Kansas ballot at the time was extremely vague and unclear.

In 1980, John B. Anderson launched an independent presidential campaign mostly using the label “independent”, but also in some states “Anderson Coalition.” But he was happy to have the nomination of the pre-qualified Liberal Party of New York.

Ralph Nader ran as an independent in both 2004 and 2008, and both times he was glad to have the nomination of some pre-qualified minor parties. In 2004 they were the Reform Party, the New York Independence Party, the Delaware Independent Party, and the South Carolina Independence Party. In 2008 they were the Independent Party of Connecticut, the Peace & Freedom Party of California, the Independent Party of Delaware, the Natural Law Party of Michigan, and the Independence Party of South Carolina.

California Will Have Two U.S. Senate Elections in 2024

The California ballot for 2024 will have two U.S. Senate races. Because of the September 29 death of incumbent Dianne Feinstein, whose term was running out anyway, there will be a special election for the period November 2024 through January 3, 2025; and of course the regular election for the term running from January 2025 through January 2031.

Generally when there is an election for a very short term followed by the regular election for the same seat, the same candidates run for both elections, although no one is required to run for both.

California had the same two-race ballot in 2022, and also in 1946. Thanks to Justin Levitt for this news.

Fifth Circuit Will Re-Hear Case on Whether Felon Disenfranchisement Violates the 8th Amendment

On September 28, the Fifth Circuit voted to rehear Hopkins v Hosemann, 19-60662. The original panel in August had struck down Mississippi’s ban on ex-felons registering to vote, on the grounds that such a policy violates the Eighth Amendment, which prohibits cruel and unusual punishment.

For the rehearing, all the full-time judges of the Fifth Circuit will participate. All the new briefs will be in by November 29, unless one side asks for more time. Thanks to Mike Drucker for this news.