The Minnesota omnibus bill, SF 3230, has been amended to include a provision making the definition of a ballot-qualified party more severe. It raises the vote test from 5% to 8%. Assuming that becomes law, it will give Minnesota the nation’s fourth highest vote test. Only Alabama, New Jersey and Virginia will have a higher percentage for the votes needed for party status.
The bill also now says in addition, a qualified party must have an organization in about two-thirds of the state legislative districts (45 of 67), or alternatively about two-thirds of the counties.
The bill does not take effect until November 2024, so at least if the bill passes, the Legal Marijuana Now Party will be on the ballot during 2024. Minnesota law permits parties to change their names.
Minnesota’s petition for party status, 5%, is very likely unconstitutionally difficult. The bill does not change the party petition. Given its history of not having been used since it was created in 1913, it probably violates McLain v Meier, a 1980 decision of the Eighth Circuit that struck down North Dakota’s party petition, which had existed since 1939 and had only been used once, in 1976. Minnesota and North Dakota are both in the Eighth Circuit. No one has ever before sued Minnesota over its party petition.