Kansas Secretary of State Interprets Vote Test for Party Retention in a Favorable Way

The Kansas Secretary of State’s office says all the qualified parties will retain their status in November 2024.  The law is ambiguous in years when the only statewide office on the ballot is President.  2024 is such a year.  The recent interpretation says there is no need for parties to poll 1% of the vote for president.  The vote test applies every two years if there is a statewide office (other than president) on the ballot.  So if there were a U.S. Senate race this year, parties would need to poll 1% for that.

The law was interpreted in the same favorable way in 2000.  But it was interpreted in a more restrictive way in 2012, the last time the issue arose.

The qualified parties are Republican, Democratic, Libertarian, No Labels, ad United Kansas.

United Kansas Party Files Lawsuits in State Court to Force Kansas to Permit Fusion

On July 10, the United Kansas Party filed two lawsuits in state court to force the state to allow two parties to jointly nominate the same candidate.  The link goes to the Complaint in one of the cases, United Kansas Party v Schwab, Saline County, 28th judicial district, sa-2024-cv-152.  The two cases are identical; each one has one particular candidate-plaintiff.  The other case, also called United Kanss Party v Schwab, is filed in Reno County, rn-2024-cv-184.

The party has nominated two candidates for the legislature who were also running in major party primaries on August 6, and who each won their major party primary:  Lori Blake is the Democratic nominee in the 69th district, and Jason Probst is the Democratic nominee in the 102nd district.  They each want to be on the ballot with both party labels, Democrat and United Kansas.

The United Kansas gained qualified status in Kansas in May 2024, and the founders of the party always had the goal of legalizing fusion.  The lawsuits depend on the State Constitution.  The U.S. Supreme Court has already ruled that nothing in the U.S. Constitution requires states to permit fusion.

The United Kansas Party had also nominated J.C. Moore to run for State Senate in the 26th district, but he lost his Republican primary on August 6.

Libertarian and Green Parties of New York Request Permission to Intervene in Team Kennedy Lawsuit

On August 2, a Notice of Motion and a Memorandum of Law in Support of Motion to Intervene as Plaintiffs in the Team Kennedy v. Berger, et al. lawsuit was filed in US District Court in the Southern District of New York.

In that litigation, Team Kennedy challenges (1) the law stating that a petition signer can sign only a petition for one candidate for a given office, (2) the law that prohibits petition signers from listing their village instead of their city or town, (3) the requirement that an Independent presidential candidate’s slate of electors be listed on his or her petition when partisan candidates do not need to name electors until after their national nominating conventions, (4) the requirement to gather 45,000 valid signatures in just six weeks, and (5) the prohibition of paying petition circulators and witnesses on a per signature basis.

The Motion states that the LP & GP have interests aligned with Team Kennedy but are not adequately represented by Team Kennedy’s attorneys, therefore, the ability to intervene in this litigation with their own counsel is being asked of the court.

Here are the documents filed on behalf of the Libertarian and Green parties.