If Minnesota’s New 8% Vote Test for Party Status Had Existed in the Past

Since the end of World War II, Minnesota has had four ballot-qualified parties other than the Democratic and Republican Parties. But if the new law, requiring a vote of 8% instead of 5%, had existed in that past period, Minnesota probably would not have had any ballot-qualified third parties other than the Reform Party in 1996-2000.

The American Party became ballot-qualified in Minnesota in 1976 by polling 6.57% for U.S. Senate. It kept that status in 1978 by polling 5.68% for Treasurer and lesser percentages for other statewide race. If the law passed in 2023 had existed back then, the American Party would never have been qualified.

The Green Party became ballot-qualified in 2000, when Ralph Nader polled 5.20% for president, and that status lasted until November 2004. No statewide Green ever polled as much as 8%.

The Independence Party became qualified in 1994, when Dean Barkley polled 5.39% for U.S. Senate. It changed its name to the Reform Party in 1996 and polled 11.77% for Ross Perot in 1996, so even under the new law, it would have had qualified status, starting in 1996, not 1994. In 2000 it changed its name back to the Independence Party. It didn’t have any statewide nominees in 2004, and in 2006 its highest statewide showing was 6.44%, so under the new law its status would have ended that year. In reality it kept its status through November 2014.

Chances are the Independence Party would never have come into qualified existence if the new law had been in effect back then, because its 1994 only statewide showing was under 8%. Ross Perot would still have started the Reform Party in 1995, but when that party went into steep decline after the 2000 presidential election, there would have been no transition to an Independence Party because that party would not have existed as a qualified party.

California Bill to Make it More Difficult to Qualify an Initiative is Amended

On May 18, California AB 421 was amended to make it less restrictive. The original bill outlawed paying initiative circulators on a per-signature basis. It also required that 10% of the needed signatures be collected by volunteers. The amended bill says that initiative circulators may be paid on a per-signature basis, if the group sponsoring the initiative agrees to collect at least 5% of the needed signatures by volunteers.

So far the bill has passed the Assembly Elections Committee, but otherwise has not advanced.

Ballotpedia Notes that 2023 Has Seen More Bills Making Ballot Access More Difficult

Ballotpedia here notes that in 2023, there have been many bills making ballot access more difficult, compared to 2022 and also compared to the number of bills making it easier. The article does not note the New Mexico bill that doubled the number of signatures for non-presidential nominees of qualified parties that nominate by convention.

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.