We the People Party Files Brief in North Carolina Ballot Access Case

On August 8, We the People Party, the party that supports Robert F. Kennedy, Jr., filed its brief in its North Carolina ballot access case.  The case, North Carolina Democratic Party v North Carolina State Elections Board, attempts to remove the party from the ballot and is filed in state court.  The Democrats argue that the party is a “sham” party because its real purpose is to put an independent presidential candidate on the ballot.  We the People says the First Amendment doesn’t permit the government to decide what is the purpose of a party, and furthermore that at least five times in history, other independent presidential candidates, or groups supporting an independent presidential candidate, formed a new party and got on the North Carolina ballot that way.

Pennsylvania Democrats Challenge Robert F. Kennedy, Jr. Petition

Here are the objections to the Pennsylvania petition for Robert F. Kennedy, Jr.

One of the objections is that Kennedy lives in California, not New York, and therefore if he carried California, the electors could not vote for both him and his vice-presidential running mate, who does live in California.  This is utterly frivolous.  In 2000, the Republican nominees for president and vice-president were both registered in Texas, but vice-presidential nominee Dick Cheney simply re-registered to vote in Wyoming (he had homes in both states).

A lawsuit was filed to keep the Texas Republican electors from voting for both Bush and Cheney, but it lost.  See Jones v Bush, 122 F.Supp.2d 713 (n.d. Tx.).  The residency requirement only applies on the day the presidential electors vote, which is in December of the election year.  If Kennedy miraculously carried California in November, there would be time for either Kennedy or Nicole Shanahan to move to another state.  Furthermore the question of Kennedy’s domicile state is contested and one cannot assume he is domiciled in California.

The objectors claim that Kennedy needed 33,042 valid signatures, not 5,000.  The Pennsylvania requirement in the statute does say 33,042 signatures are needed, but ever since 2016 the state has been accepting 5,000 signatures for all statewide office, due to a lawsuit.  It is true the 2016 lawsuit relief was confined to the Libertarian, Green, and Constitution Parties, but it would be a gross violation of Equal Protection if others were not also able to qualify with 5,000 signatures, and the state elections office has long declared that the 5,000-signature requirement applies to any group or candidate.

No one challenged either the Libertarian petition, nor the Green petition.  Thanks to Richard Schwarz for the link.

Eleventh Circuit Says Georgia Libertarian Campaign Finance Lawsuit is Moot

On August 2, the Eleventh Circuit issued an opinion in Graham v Georgia Attorney General, 22-13396.  This is the lawsuit filed by the Georgia Libertarian Party against a new law that says donors can give more money to Democratic and Republican nominees for Governor and Lieutenant Governor than they may give to the nominees of other parties for those offices.  The Eleventh Circuit says the case is moot.  It vacated the U.S. District Court decision that had said the plaintiffs lack standing.  The Eleventh Circuit did not decide the standing issue.

The decision is by Judge Elizabeth L. Branch and is also signed by Judges Kevin Newsom and Robert J.. Luck.  All three are Trump appointees.  The oral argument had been on December 11, 2023.

This is the second time in the last three weeks in which a U.S. Court of Appeals has said an election law case involving minor parties is moot.  The first was the New York lawsuit against the May independent candidate petition deadline.

It is very foolish for courts to declare such cases moot.  All it means is that someone files a new lawsuit over the same issue, which is wasteful for the courts as well as the litigants.

Texas Secretary of State Says Robert F. Kennedy, Jr., Petition is Valid

On August 8, the Texas Secretary of State said that the Robert F. Kennedy, Jr. independent petition is valid.  This was Kennedy’s most difficult petition drive.  The state required 113,151 valid signatures.  Kennedy is the first independent presidential candidate to qualify in Texas since 2000, when Pat Buchanan qualified.  However, back in 2000, the requirement was 56,117, slightly less than the 2024 requirement.  The law has not changed, but Texas population has ballooned since 2000.

Strange Process for Democratic Party’s Official Nomination Process for Vice-President

According to this story, the chair of the Democratic national convention “certified” that Tim Walz is the Democratic nominee for vice-president on August 7.  However, the story does not allege that the Democratic delegates have voted for vice-president yet.

A separate source about the vice-presidential nomination, a Democratic delegate, says there has not been any vote of the delegates for vice-president.  There will be such a roll-call vote at the physical convention in Chicago, but the story says that vote isn’t binding.