Saturday, June 30, 2018

IVN: 'Is the Arizona GOP at War with the Libertarian Party?'



by Shawn M. Griffiths, IVN 
Libertarian gubernatorial candidate Kevin McCormick is officially off his party’s primary ballot. 
He was the only libertarian candidate still in the race, until Arizona GOP Chair Jonathan Lines challenged the legitimacy of over 90 percent of his ballot signatures. 
In a phone conversation with McCormick, he said he found out 15 minutes before his hearing that he would be kicked off the ballot. The one hold up was Maricopa County. 
He said that because the county recorder’s office went beyond what was legally required, the recorder’s report had him 942 signatures short of what he needed. 
Update: Kevin McCormick says his campaign has identified over 500 valid signatures as of Friday morning that were tossed by Maricopa County. 
When a candidate’s signature petitions are challenged, the burden of proof is on the challenger. They have to state the page and line number the signature is on, as well as the basis for the challenge. 
Jonathan Lines challenged the registration status of many of the voters, as well as the lack of city/town information on addresses. The most detrimental challenge to McCormick, though, targeted the party affiliation of many of the signers. 
Many of his signatures were invalidated because the voter was not registered with the Libertarian Party or were registered independents. State law prohibits qualified party candidates from obtaining signatures from voters registered with another party. 
McCormick was not only able to obtain signatures from a significant number of libertarians and independents, he was also able to get signatures from hundreds of Republicans and Democrats. Because of this, though, the Arizona GOP was able to successfully kick him out of the gubernatorial race. 
“This is just another step in the long-term strategy to limit choice at the ballot box,” McCormick remarked...

To read article in full, click here

Forum: 'The Libertarian Party: Bringing good ideas to America since 1971'

by Thomas L. Knapp, New Haven Register 
“‘Abolish ICE!’ is the new rallying cry for progressive Democrats,” reports NBC News’s Alex Seitz-Wald. It’s “a radical idea and one that was confined to the fringes just months ago,” but one that “left-wing insurgents can use to differentiate themselves from more established rivals in Democratic primaries.” 
Good idea. So good, in fact, that I wrote a column advocating exactly that three months ago. Welcome to the right side, Democrats. 
Like most Libertarians, I’m amused when our ideological opponents see a parade forming around one of our ideas and try to hustle their way to the front to “lead” it. 
Unlike some Libertarians, I don’t follow up amusement with getting down in the mouth about being “co-opted.” I’m just happy to see good ideas gain steam from any source.
The Libertarian Party has supported same-sex marriage rights since its founding in 1971. Hillary Clinton finally joined us on that one in 2013. Better late than never. 
It’s not just the Democrats we’re a leading indicator for. We began calling for elimination of the federal income tax decades before the (even worse) “Fair Tax” idea embedded itself in the Republican Party as an alternative (unfortunately that terrible proposal — a 30 percent national sales tax coupled with a monthly cradle-to-grave welfare check for every man, woman, and child in America — has fooled some Libertarians as well). 
Marijuana legalization? That was us too, fighting both old party establishments to get medical, then recreational, cannabis off the list of victimless “crimes” from the early 1970s on. Glad we’re getting there...
To read more, click here.

IPR: 'Green Party Candidates Speak Out Against SCOTUS Rulings'

Jennifer Kurland
Independent Political Report

Michigan Green Party gubernatorial candidate, Jennifer V. Kurland (Redford, MI), expressed dismay Wednesday over several key rulings handed down by the Supreme Court of the United States. Kurland said the decisions are among the worst ever made by the Court and reflect the opinions of the conservative ideologues who make up the majority.
“By ruling that anti-abortion health clinics have no obligation to fully inform women of their legal healthcare options, the majority on the Court have placed so-called free speech of the clinics over a woman’s right to know,” Kurland said. “Healthcare for women, most notably women of color, in our country is woefully insufficient and the maternal death rate in our country is already one of the highest among first world countries.”
The Court also delivered a devastating blow to collective bargaining in a ruling that allows non-union employees to receive the benefits of union contract negotiations without being required to pay union dues. Kurland pointed out this attack on collective bargaining hits workers in Michigan especially hard.
“Unions in Michigan have a long and rich history of advancing workers’ rights and workplace safety in our country. Incredibly, the Court has determined that workers will have to fend for themselves when faced with unsafe working conditions,” Kurland said, adding, “This ruling unleashes corporations to pursue record profits even more aggressively off the backs of workers through reduced wages and critical benefits such as healthcare, family leave, pensions, and paid time off.”..
To read more, click here.

Howie Hawkins: 'Abolish ICE'

Independent Political Report
Hawkins Denounces Supreme Court decision upholding Muslim Ban
Will Join the NYC Protest on June 30 To Support Immigration, Reunification of Families
Howie Hawkins, the Green Party candidate for Governor, denounced Tuesday’s 5-4 Supreme Court decision upholding the so-called Muslim Ban “as yet another action of a rogue Supreme Court that puts reactionary political beliefs ahead of the facts and fundamental constitutional rights.”
Hawkins said the decision grows out of decades of racist, Islamophobic, and xenophobic policies fueled by both major parties, growing out of 9/11, the so-called War on Terror and white nationalist opposition to immigration.
Hawkins, who has long campaigned to turn New York into a “Sanctuary State” for immigrants, said that “providing a safe harbor for refugees is the morally right thing to do, and that in order to enact any reasonable immigration policy we need to get the racist leadership of Trump and Sessions out of office.” Hawkins noted that immigration has always enriched New York’s economy...
To read more, click here.

IPR: 'Rebel GOP activists launch drive to draft Libertarians Larry Sharpe and Andrew Hollister'

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Larry Sharpe & Andrew Hollister
Independent Political Report
From News Growl: 
News Growl has learned aproximately 100 county-level Republican activists in the New York GOP are launching an unauthorized bid today to draft the Libertarian gubernatorial ticket, Larry Sharpe and Andrew Hollister, as candidates in the September 12th Republican primary. 
The Sharpe/Hollister campaign insists the effort is not their idea, nor are they actively seeking the Republican ballot line themselves. They are happy, however, for Republican activists to campaign for the Libertarians in their primary if that is their choice. 
The Sharpe Hollister campaign began spontaneously receiving dozens of emails from discontented Rebublicans starting on June 14th, asking how they could help Larry Sharpe enter the GOP primary. Several emails refer to informal organizing taking place among activists on Facebook. 
Each time an email was received, Sharpe communications director Lauren McKinnon made it clear that while the Libertarian candidates might be willing to appear on the Republican primary ballot, any effort to draft Larry Sharpe and Andrew Hollister would need to be the result of a spontaneous, grassroots effort from Republicans...
To read article in full, click here

Statewide Independent Candidates in Five States Could Conceivably Win in November 2018

Ballot Access News

Never before have more than two independents been elected to statewide office around the nation in any one election year. But in 2018, it is likely that three or four states will elect statewide independents, with a fifth state possible as well.
In Vermont, Bernie Sanders will run for re-election as an independent to the U.S. Senate, and he is expected to win. In Maine, Angus King will run for re-election to the Senate, and he is also expected to win. He will benefit from ranked choice voting, which will be in effect in his race. In North Dakota, Secretary of State Al Jaeger is running for re-election as an independent.
No polls seem to have been held in California to determine whether Steve Poizner will win his race for Insurance Commissioner. He is running against State Senator Ricardo Lara, a Democrat. Poizner held the Insurance job in the past, so he is well-known, and personally wealthy.
In Alaska, independent Governor Bill Walker is running for re-election, again as an independent. Polls show him in third place, with about 25% of the vote, but the polls are not very meaningful at this point because no one even knows who the Republican nominee will be. The primary is August 21.
In 2006 and 2012, two states elected statewide independents, in each case to the U.S. Senate. Those states were Connecticut and Vermont in 2006, and Maine and Vermont in 2012. Also in 1936, two statewide independents were elected: William Langer, Governor of North Dakota; and George Norris, U.S. Senator for Nebraska.

Primary Write-in Tally in California Shows that Laura Wells, Green Party Congressional Candidate, Will be on General Election Ballot

Ballot Access News

Enough write-in returns from the June 5 California primary have now been tallied to reveal that Laura Wells, a Green Party activist, came in second in the U.S. House race, 13th district, in Alameda County. See this story. The only name on the June 5 ballot in this district was Democratic incumbent Barbara Lee, so it was inevitable that whoever got the most write-in votes in the race would place second and appear on the November ballot.
In 2014 and 2016, a Republican filed against Congresswoman Lee, so it wasn’t possible for a minor party member to come in second.
There will be three Greens on the November ballot for U.S. House in California this year. All placed second because, in each case, only one Democrat, and no Republican, filed to be on the ballot. This will be the first time any Greens have been on the November ballot for a California U.S. House race since the top-two system started. There were no minor party candidates in November 2016 or November 2012 for U.S. House in California. In 2014 there was one Peace & Freedom Party member.

Thursday, June 28, 2018

New Mexico Libertarian Primary Write-in Total for Governor So Far is Below Minimum Needed

Ballot Access News

Like most states that allow write-in primaries, New Mexico sets a minimum number of votes that a write-in candidate must receive, in order to be nominated and appear on the November ballot. This year, New Mexico Libertarians running for statewide office need 230 write-in votes. It isn’t enough to just get the most votes in the primary; the minimum must be met.
The New Mexico Secretary of State’s official tally says the party’s candidate for Governor only got 175 write-in votes. See this story. Voters who cast a write-in vote are supposed to fill in the bubble on the paper ballot next to the write-in line. Otherwise the vote-counting scanner won’t count the write-in. The Libertarian Party is asking for a hand recount, which should not be very expensive because there were only about 850 voters who cast a ballot in the Libertarian primary. The party believes that if they can get a hand count, that will find more write-in votes from voters who didn’t fill in the bubble.
Courts in other states have been split over whether such write-ins can be counted. Washington and Colorado state courts ruled that they should count, but California courts ruled that they should not, although later the California law was changed to validate such write-ins if they make a difference. Thanks to Rick Lass for the link.

All Three Oklahoma Qualified Parties Will Need a Runoff Primary on August 28

Ballot Access News

Oklahoma held primaries on June 26. Oklahoma requires that all qualified parties nominate by primary. The state also requires a runoff primary for races in which no one got as much as 50% in the first primary.
Here are the election returns, via the State Board of Elections’ web page. All three parties appear likely to need a runoff primary this year. The Libertarian Party only had one contested primary, for Governor. So far Chris Powell has 49%, Rex Lawhorn has 31%, and Joe Exotic has 19%.
The state elections web page has the solitary Libertarian primary race tucked underneath the Republican results, and just above the Democratic results. Oklahoma doesn’t permit write-ins, and when only a single candidate files for any primary, that office is removed from the ballot and the single candidate is deemed nominated.
Democrats will need a runoff for Corporation Commissioner, and Republicans will need a runoff for many statewide offices, including Governor.

Reform Party Primary for Two U.S. House Seats Will Cost $1,000,000 in Election Administration Costs

Ballot Access News


According to this story in City and State New York, an on-line and print publication covering government in New York city, the Board of Elections is being required to spend $1,000,000 just because the ballot-qualified Reform Party has two primary contests on June 26. NOTE: the article originally said $25,000,000, but City and State amended the story to say $1,000,000. Thanks to Jim Riley for pointing this out.
New York election administration is already terribly wasteful, because the primary for state and local office is in September, but the primary for U.S. Senate and House is separate, and is on June 26. The major parties don’t have any primaries for the U.S. Senate election, nor in many U.S. House districts, so many parts of New York state won’t have an actual primary on June 26. But the Reform Party set up primaries for itself in two districts. No one is on the ballot for either primary, but because voters in those two districts submitted an “opportunity to ballot” petition, the election administrators must hold primaries and tally any write-in votes. There is no write-in filing procedure, so all write-ins must be tallied. Furthermore, the Reform Party is exercising its rights to invite all independent voters to vote in its primaries, so enough ballots must be printed to accomodate thousands of voters, even though probably only a tiny number of the independent voters in those districts will be interested in voting in the Reform Party no-candidate primaries.
The Reform Party says its motivation is to force the state legislature to pass some sensible election law changes, including giving small qualified parties the option to nominate by convention instead of primary. Thanks to Michael Drucker for the link.

Illinois Libertarian Party Files 47,000 Signatures for its Statewide Slate

Ballot Access News

June 25 is the Illinois petition deadline for independent candidates and the nominees of unqualified parties. The Libertarian Party submitted approximately 47,000 signatures to meet the requirement for 25,000. As noted in an earlier blog post today, the Conservative Party also submitted a petition. Those are the only two parties that submitted a statewide petition.

Conservative Party of Illinois Files 60,000 Signatures to be on Ballot for Governor and Lieutenant Governor

Ballot Access News

The Conservative Party of Illinois says it is submitting 60,000 signatures on June 25, Monday, to be on the ballot for Governor and Lieutenant Governor. The gubernatorial nominee is State Senator Sam McCann.

Terry Hayes, Independent Candidate for Maine Governor, Prevails on Ability to Hand Out Campaign Literature at the Polls on Primary Day

Ballot Access News


Terry Hayes is a strong independent candidate for Governor of Maine. She filed a lawsuit on May 26 in state court, seeking a ruling that her supporters are permitted to hand out campaign literature at the polls on primary day, June 12. The Secretary of State had said such activity is not permitted, but she argued that the restriction on campaign activity at the polls only applies to candidates who are on the primary ballot. She was not on the primary ballot, because independent candidates in Maine, as in 46 other states, have nothing to do with the primary.
At the hearing, the Secretary of State backed away from his earlier stance, and said he didn’t really know whether Hayes supporters could be at the polls or not. So, the judge dismissed the case because it appeared there was nothing to resolve. The case had been Hayes v Dunlap, Kennebec County Superior Court, AP-18-26. Hayes supporters did then appear at the polls around the state on June 12.

Sunday, June 24, 2018

Interview: Adam Kokesh plans "March of the Dead Veterans" at Libertarian Party Convention

'March of the Dead Veterans' poster
by Ford Fisher, News2Share

Adam Kokesh, an activist and 2020 Libertarian Party Candidate for President, will be leading a “The March of the Dead Veterans,” to protest veteran suicide in New Orleans.
“More than 20 veterans commit suicide every day. Our government and much of the media have been silent about this tragedy,” Marcus Pulis, Kokesh’s Press Secretary, in a press release. “It is the Kokesh Campaign’s goal to give voice to the voiceless, who are gone but not forgotten. It is time to end the drug war and give the VA to the veterans.”
The march plans to begin at 7:00am at a VA hospital parking lot in New Orleans and end at the Libertarian Party National Convention with a flag folding ceremony. Veteran activists plan to march wearing skull masks to symbolize the dead.
News2Share has covered Kokesh’s activism in the past. His work has been controversial and in many cases led to his arrest. Editor-in-chief Ford Fischer plans to travel to New Orleans to livestream and film the march. You can support News2Share’s raw, independent journalism here: Patreon.com/fordfischer
Fischer caught up with Kokesh to talk about the upcoming event...
To read the interview in full, click here.

John McAfee: Anti-virus software pioneer claims 'enemies' tried to kill him

News.Sky.Com
Anti-virus software pioneer and former US presidential hopeful John McAfee has said he was unconscious for two days after "enemies" tried to kill him.
The man who founded McAfee technology in the late 1980s claimed the rivals had "spiked something" that he consumed and he has now made a threat that they "better be gone".
He spoke of the alleged death plot on Twitter along with two photos of him connected up to tubes and lying on a hospital bed.
McAfee wrote: "I apologise for my three day absence but I was unconscious for two days at the Vidant Medical Center in North Carolina and just woke up.
"My enemies (managed) to spike something that i ingested. However, I am more difficult to kill than anyone can possibly imagine. I am back."..
To read more, click here.

Saturday, June 23, 2018

Reason.com: 'George Will: Bill Weld, and Maybe the Libertarian Party, Are 'Ready for Prime Time'

Bill Weld
by Matt Welch, Reason.com 
Two years ago, conservative commentator George Will left the Republican Party over Donald Trump. Today, Will hinted strongly that he will give preference to the Libertarian Party if it endorses Bill Weld.
"Can this libertarian restore conservatism?" asked the headline on Will's Washington Post column. (The erudite Cubs fan is frequently described as the most syndicated newspaper columnist in the country, so these words will be relayed from coast to coast.)
Will's basic argument: Weld embodies "what a broad swath of Americans say they favor: limited government, fiscal responsibility, free trade, the rule of law, entitlement realism and other artifacts from the Republican wreckage." Therefore, "If in autumn 2020 voters face a second consecutive repulsive choice, there will be running room between the two deplorables. 
Because of its 2016 efforts, the Libertarian Party will automatically be on 39 states' ballots this fall and has a sufficient infantry of volunteers to secure ballot access in another nine. So, if the Libertarian Party is willing, 2020's politics could have an ingredient recently missing from presidential politics: fun. And maybe a serious disruption of the party duopoly that increasing millions find annoying. Stranger things have happened, as a glance across Lafayette Square confirms." 
This positive publicity for the L.P. does not arrive without a couple of elbows. The party "sometimes is too interested in merely sending a message (liberty is good)," Will writes, and maybe the 2016 ticket should have been switched: "Gary Johnson...was too interested in marijuana and not interested enough in Syria to recognize the name Aleppo. Weld, however, is ready for prime time.".. 
To read article in full, click here.

North Carolina State Board of Elections Removes Three Constitution Party Nominees from November Ballot

Ballot Access News

On June 21, the North Carolina State Board of Elections removed three Constitution Party nominees from the ballot, because they had run in major party primaries for the same office in May. Two are running for county office, and one for the State House of Representatives. Two had run and lost Republican primaries, and one had lost a Democratic primary.
Rick Hasen’s election law blog has a copy of the letter from the State Board, and Hasen also added commentary that the action was brazen and perhaps without precedent. This is because when the party nominated the candidates on June 16, there was no “sore loser” law affecting minor party candidates. The law forbidding such candidacies didn’t exist until June 20, the day the legislature overrode the Governor’s veto of SB 486.
The party will sue to restore ballot position for these three nominees.
The North Carolina Green Party, the other party that nominates by convention, will hold its nominating convention June 23.

Newsgrowl Asks Polling Firms Why They Aren’t Including Green and Libertarian Nominees for Governor of New York

Ballot Access News

Steve Goodale has written this piece for Newsgrowl, to learn and reveal why New York polling companies have not been including Howie Hawkins and Larry Sharpe in their gubernatorial polls. Hawkins is the Green nominee, and Sharpe is the Libertarian nominee. The real answer seems to be that the polling companies take orders from their news media customers as to whom to include.

Massachusetts Republican 2014 Nominee for U.S. Senate Changes Registration to Independent

Ballot Access News

On June 21, Brian J. Herr, who was the Republican Party nominee for U.S. Senate from Massachusetts in 2014, changed his registration from Republican to independent. See this story.

Rocky De La Fuente Files Supplemental Brief in Third Circuit, Explaining Why Case on Petitioners is not Moot Just Because State Says it Won’t Enforce It

Ballot Access News

On June 21, Rocky De La Fuente filed this short supplemental brief in the Third Circuit, explain why his ballot access case is not moot. The case involves the law that does not permit primary petitioners to work, unless they are registered into the same party as the candidate. The state had said it would no longer enforce the law, so the Third Circuit wanted briefs on whether or not the case is moot.

Libertarian Party Fails to Poll Enough Votes in North Dakota Primary

Ballot Access News

North Dakota held its primaries on June 12. Three parties were on the primary ballot, and voters were free to vote in any party’s primary, Republican, Democratic, or Libertarian. The Libertarian Party only had one candidate for statewide office, Roland Riemers. He was running for Secretary of State. The law requires winners of statewide primaries to receive at least 300 votes. If they don’t, they can’t appear on the November ballot.
Riemers was credited with only 247 votes, so he is not on the ballot in November. As a result, the Libertarian Party won’t be able to remain on the ballot as a qualified party after November 2018. The law requires the party to poll 5% for either Secretary of State or Attorney General this year. The 5% vote test must be met every two years, and now it cannot be met in 2018. To get back on the ballot for 2020, the party will need 7,000 signatures collected during 2019 or 2020.
All the statewide Libertarians in the 2016 and 2014 primaries received over 1,000 votes, and even in earlier years, always polled at least 500 primary votes. It may be that 2018 has the most polarized electorate in the United States in many years, and voters who in previous years were willing to vote for minor parties, this year are either highly motivated to vote Republican or Democratic, depending on whether they have passionate feelings either pro or con about President Donald Trump.
Ironically, a poll published June 21, which included in the Secretary of State’s race, showed Riemers getting 6% of the general election vote. The race is very unusual, because the Republican Party has no nominee, but the incumbent Secretary of State is running for re-election as an independent. The poll shows Jaeger leading with 51%, and the Democrat, Josh Boshee, at 32%. Assuming Jaeger is re-elected, he will be the first person elected Secretary of State as an independent in U.S. history.

North Carolina Legislature Overrides Veto of “Sore Loser” Bill, so it is Now Law

On June 20, the North Carolina legislature overrode the veto of SB 486, so it is now law. It makes it illegal for a party that nominates by convention to nominate someone who had earlier that year run in a primary of another party for the same office.
The Constitution Party already nominated three such individuals, and because the party did so before the “sore loser” law was in effect, there is no clarity as to whether the three candidates can appear on the November ballot.

Steve Schmidt, John McCain’s Campaign Manager in 2008 Presidential Race, Changes Registration from Republican to Independent

Ballot Access News

On June 20, Steve Schmidt, who was John McCain’s campaign manager in the 2008 presidential election, said he has switched his registration from Republican to independent. He also said he expects to vote for Democrats in the near future. Thanks to Political Wire for this news.

Wednesday, June 20, 2018

Democrat and Libertarian matchup set for November

Libertarian gubernatorial candidate Marco Battaglia speaks during a forum for Iowa gubernatorial candidates for the Democratic and Libertarian party primaries hosted by the League of Women Voters of Iow at Ballantyne Auditorium on the campus of Kirkwood Community College in Cedar Rapids on Saturday, April 21, 2018. (Cliff Jette/The Gazette)
Marco Battaglia

No Republican candidate running for attorney general

by Staff Columnist, The Gazette 
Iowa politics will see a first this November — a statewide race between a Libertarian and a Democrat.
With no Republican candidate, the race for Iowa Attorney General this November will be between incumbent Democrat Tom Miller and Libertarian challenger Marco Battaglia.
Battaglia ran in the Libertarian gubernatorial primary this month, falling short with 38 percent in the party’s first official statewide primary since earning major party status in 2016. He was nominated by delegates at the Libertarian Party state convention two weeks ago, after fellow party activists urged him to run.
“I’ve had problems with Tom Miller going back to when I was a young Democrat and it made me concerned when it didn’t appear anyone would challenge him. I thought we could bring the positivity and momentum we had in the governor race and offer some much needed perspective,” Battaglia told me...
To read more, click here.

North Carolina Senate Overrides Gubernatorial Veto of Bill that Imposes “Sore Loser” Law

Ballot Access News

On June 19, the North Carolina Senate overrode the gubernatorial veto of SB 486. The bill, which the Governor had vetoed on June 15, prevents new parties from nominating anyone who had earlier that year lost a primary for the same office.
The House will vote on the override on Wednesday, June 20.
In the meantime, the Constitution Party held its nominating convention on June 16 and nominated ten candidates, including three individuals who had lost major primaries for the same office in May. One candidate had run for a legislative seat, and two for county partisan office. Because the Constitution Party nominated these individuals at a time when there was no sore loser law, under due process tradition, they ought to be allowed to be Constitution Party nominees this year. However, the State Board of Elections is unwilling to say whether they will be allowed to run.

George Will, Veteran Washington Post Columnist, Devotes a Column to William Weld’s Quest for the 2020 Libertarian Nomination

Ballot Access News

George Will has this column about William Weld’s quest for the 2020 Libertarian Party nomination.

California Files Brief in Lawsuit Over Independent Presidential Petition Requirement

Ballot Access News


Rocky De La Fuente is suing to overturn the California law for independent presidential candidate ballot access, which required 178,039 signatures in 2016, and which will probably require 200,000 in 2020. The percentage requirement is 1% of the number of registered voters in the previous election. The case is in the Ninth Circuit. De La Fuente v Padilla, 17-56668. On June 13, California filed its brief.
The brief opens with an attack on De La Fuente, pointing out that he has frequently switched parties, and has run for two different offices in the same election year, and that he has participated in presidential primaries as well as the general election. This seems to be an attempt to deflect the attention of the judges to De La Fuente’s personal political behavior, and away from the law that is being challenged.
The California independent procedure is so difficult that it has kept the following candidates off the ballot: Eugene McCarthy in 1976, Ralph Nader in 2004, and Evan McMullin in 2016. All of them had substantial support in the states in which they were on the ballot. McCarthy and Nader placed third nationally in the listed races, and McMullin placed fifth.
The brief argues that because the Ninth Circuit upheld Hawaii’s independent presidential petition requirement in 2010 in Nader v Cronin, 620 F.3d 1214, the California law is also constitutional. The Hawaii requirement was a petition of 1% of the last presidential vote cast, which was only 3,711 signatures in 2004, the year the case was filed. The Hawaii deadline was September 3, 2004, and an independent presidential candidate could start petitioning as early as he or she wished. By contrast, the California petition in 2016 had to be completed in 105 days and was due August 12. The brief says that the Hawaii case is “directly on-point”. It is ludicrous for anyone to suggest that a requirement to collect 3,711 signatures in an unlimited time period is the same as collecting 178,039 signatures in 105 days.
The brief makes no mention of Nader v Brewer, 531 F.3d 1028, a Ninth Circuit case from 2008 that struck down Arizona’s independent petition requirement of 14,694 signatures, due in June.
The California state brief says in footnote 13 that “California’s 1% requirement falls in the middle of the range of, or is less than, what other U.S. states require.” To support this point, the brief cites a 2016 report by the National Association of Secretaries of State. But the brief does not attach the NASS report, and the NASS Report does not support the state’s assertion. There are only two states with a more severe independent presidential independent petition requirement than California, New Mexico and Wyoming, even if one assumes that the best way to compare states is on a percentage basis. There are three states that are tied with California: Arizona, Delaware and Florida. There are some errors in the NASS Report: it is incorrect for Arizona, Colorado, Georgia, Pennsylvania, and Virginia, even as of mid-2016; and it is out-of-date for Maryland, North Carolina, and Oklahoma (those three states all eased their independent presidential petition requirements in 2017).
In 2017, the Eleventh Circuit struck down Georgia’s petition requirement for independent presidential candidates and the presidential nominees of unqualified parties. The Georgia law was virtually identical to the California law being challenged, 1% of the registered voters as of the preceding election. The California brief dismissed the Georgia decision by saying that Georgia “systematically excluded third-party candidates.” But actually, the Georgia decision mentions that the Reform Party was on the Georgia ballot for president in 1996 and 2000, and the Libertarian Party was on in all presidential elections 1988 through the present.
De La Fuente has the right to file a reply brief.

Saturday, June 16, 2018

For First Time in a Midterm Year, Libertarian Party Will Almost Certainly Have At Least One Candidate for a Partisan Office on the Ballot in All States

Ballot Access News

 It is likely that the Libertarian Party will have at least one nominee for a federal or state office on the ballot in all fifty states in November 2018, for the first time in a midterm year. 

In a few states, the party has no one on the ballot for statewide office. But in all those states, it will have at least one legislative or U.S. House candidate on the ballot. Those states are Alabama, where a Libertarian has qualified for a seat in the state house; California, where the party has a few candidates on the ballot for Assembly; Florida, where the party’s gubernatorial nominee withdrew for health reasons but where the party will have a few legislative candidates; Kentucky, where there are no statewide races up but where the party will have a few candidates for U.S. House; Maine, where the party has a state house candidate; Mississippi, where the only statewide race is U.S. Senate, and the party did not contest that, but it does have some candidates for U.S. House; and Washington, where the party has a few legislative candidates.

It is not yet determined whether the Louisiana, Rhode Island and Vermont Libertarian Parties will have any candidates for statewide office, but they will have some legislative candidates. The only statewide office up in Louisiana is a special election for Secretary of State.

In order for the prediction in this post to come true, it is necessary that the party’s statewide petitions succeed in Illinois, New York, Ohio, and Virginia. It is likely that each of these petitions will succeed.
The word “Libertarian” will be on the ballot for all the party’s candidates, except in Tennessee, where the Libertarians will have the label “independent.”

In 2014, there were no Libertarians on the ballot for any federal or state office in Alabama, Maine, or New Mexico. Ever since the U.S. has had 50 states, starting in 1959, there has never before been any third party that had a candidate for federal or state office in the ballot in all 50 states in a midterm year.

Bill Weld, Former Governor of Massachusetts & Acreage Holdings Board Member, Added to CWCBExpo NY 'Surprise Speakers Series'

Bill Weld

-- PRNewswire --

Bill Weld, former Governor of the State of Massachusetts, who along with former Speaker of the United States House of Representatives John Boehner, was recently named to the Board of Advisors for Acreage Holdings, one of the nation's largest, multi-state actively-managed cannabis corporations, has been revealed as one of the speakers in the "Surprise Speakers Series," taking place at the Cannabis World Congress & Business Exposition (CWCBExpo), May 30 – June 2 at the Javits Convention Center in New York. Governor Weld joins Mike James, a professional NFL football player, and other high-profile individuals who will all be making their first appearance at a national trade show and conference focused on the medical marijuana, industrial hemp and legalized cannabis industries. 

The Surprise Speaker Series, presented by the National Hemp Association, with support from Acreage Holdings, will take place on Thursday, May 31st at 1:00 p.m. The goal of the Surprise Speaker Series, and the CWCBExpo NY educational program, is to elevate the conversation about the benefits of the cannabis, debunk negative stigma, and offer information, tools, and resources for businesses to succeed in the industry...

To read article in full, click here.




Aaron Day files for governor, setting up Libertarian Party primary with Jilletta Jarvis

by John DiStaso




Aaron Day, Jilletta Jarvis
Aaron Day, Jilletta Jarvis
Aaron Day of Bedford, former chair of the Free State Project and the Republican Liberty Caucus of New Hampshire, filed his candidacy for governor Friday, setting up a primary with Sandown businesswoman Jilletta Jarvis, who filed last week.
The winner of the Sept. 11 primary will be on the Nov. 6 general election ballot with Republican Gov. Chris Sununu and the winner of the Democratic gubernatorial primary between former state Sen. Molly Kelly and former Portsmouth Mayor Steve Marchand.
The Libertarian Party this year has major party status and will have a spot on the ballot for the first time since 1996, said Secretary of State William Gardner...
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Libertarian Party selects Lynne Gentry as Lieutenant Governor nominee



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NEWTON, Iowa (KCRG-TV9) -- The Libertarian Party of Iowa chose Lynne Gentry as their nominee for Lieutenant Governor on June 9 during a nominating convention.
The Calhoun County native has been active in the Libertarian Party since 2009.
“We want to focus on living our state’s motto not just looking at it on our flag.” Gentry said.

Gentry has previously served on the Executive Committee as the representative for Congressional District 4...
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