Pretrial Conference Set for Virginia Libertarian Trademark Lawsuit

An initial pretrial conference in Libertarian National Committee v Dean, e.d. Va., 3:23cv155, will be held on June 15. This is the first trademark lawsuit filed by the Libertarian Party. It charges that Robert Klor Dean and the Tidewater Libertarian Party have violated the national party’s trademark. Dean has apparently not retained an attorney. He filed his own response to the Complaint and appears willing to change the name of the Tidewater Libertarian Party.

Mississippi Democratic Candidate for Governor Wins Lawsuit Putting Him Back on the Primary Ballot

On May 26, a Mississippi state trial court ruled that Bob Hickingbottom should be restored to the August 2023 Democratic primary ballot. He is running for the party’s nomination for Governor. The general election is November 7, 2023. Hickingbottom v The Mississippi State Democratic Party, Hinds Co. Circuit Court 23-249. The decision is not yet in writing, but was delivered orally by the judge.

The Democratic Party had removed him from its primary ballot on the grounds that he had not filed a Statement of Economic Interest. Hickingbottom asserts that no law authorizes removing a candidate from the ballot for that reason. Candidates who fail to file a Statement of Economic Interest are subject to a fine. Here is the Brief filed by Hickingbottom. It had been filed on May 3.

Three More Amicus Curiae Briefs Filed in U.S. Supreme Court in New Jersey Ballot Labels Case

Three more amicus curiae briefs have been filed in Mazo v Way, 22-1033, the case over New Jersey’s ballot labels for primary candidates. All three are on the side of the candidates, who are fighting to strike down the law that restricts the words they can use.

Here is the brief of the Good Government Coalition of New Jersey and RepresentUS.

Here is the brief of Law Professor Derek Muller, an expert on election law.

Here is the brief of the Liberty Justice Center and the Manhattan Institute.

California Bill, Making it Easier for an Independent Voter to Get a Presidential Primary Ballot, Advances

On May 25, the California Assembly passed AB 292. It makes it easier for an independent voter to obtain a presidential primary ballot for parties that permit independent voters to vote in that party’s presidential primary. The sample ballot that is mailed to every voter will alert independent voters that particular parties permit independents to vote in that party’s presidential primary ballot. It will let the voter telephone, e-mail, or text the county elections office, letting the office know that the independent voter wants to receive a particular presidential primary ballot in the mail.

In California, every voter receives a mail ballot automatically, but under existing law, independents only get a non-partisan ballot unless they act. The bill makes it easier for the independent voter to get the desired ballot.

The original version of AB 292 provided for a write-in space for president, to be printed on every non-partisan ballot, but that has been deleted from the bill.