Tuesday, April 21, 2020

LP will 'sue everywhere' to keep ballot status, vows executive director

Will the Pandemic Keep Third Parties Off the 2020 Ballot? | Politico - Bill Scher:

April 19, 2020 - "In 2016, the Libertarian Party was on the general election ballot in all 50 states; this year, it has secured ballot access in just 35. Similarly, the Green Party ... has qualified for the November ballot in only 22 states.... At present, neither the Libertarian Party nor the Green Party has qualified for the ballot in Pennsylvania, Wisconsin, New Hampshire, Iowa or Minnesota....

"To get on the ballot in the remaining states, they need to collect and submit petition signatures.... But because of the deadly coronavirus — and the social distancing and stay-at-home orders to minimize its spread — after March 6, 'petitioning was over in the United States,' as Libertarian Party executive director Daniel Fishman told me....

'What the Libertarians and Greens want most is for states to waive all remaining petition signature requirements. On March 30, Vermont did just that, via emergency legislation signed by the governor. (The Libertarian Party was already on the ballot in Vermont, but the legislation added a state to the Green Party list.) Ballot Access News [also] reports that '[i]t is believed that Connecticut Governor Ned Lamont will soon issue an order declaring political parties that are ballot-qualified for at least one statewide office to be deemed ballot-qualified for all partisan federal and state office, for 2020' (though the Libertarians and Greens have already qualified for the presidential election there). A few states have taken smaller steps, such as allowing electronic signature gathering and delaying deadlines, and more states may follow.

"Since the third parties are not expecting uniform assistance from state executive and legislative branches, they are gearing up for more court battles. 'We’re prepared to sue everywhere that we have to,' Fishman said, adding that he feels 'very confident that we’re going to win all of those court cases' since 'there’s never been a stronger case that the petition requirement is unreasonable'....

"[T]he first court battle to waive all signature requirements is now being waged by the Libertarians and Greens in Illinois, with a hearing scheduled for April 17. The two parties have also teamed up for a Georgia lawsuit, asking the state to pro-rate the number of signatures required, accounting for the days during which canvassing is no longer possible. (Unlike the Greens, the Libertarian Party already met the Georgia requirements for its presidential nominee, but are hoping to aid a Libertarian U.S. House candidate.)

"Another possible legal obstacle looms for Libertarians in states with relatively early filing deadlines that require the name of the presidential candidate to be specified. The Libertarian convention is scheduled for May 21 in Austin, Texas, but a delay is expected and alternative plans are not set. This poses a particular problem for the party in New Hampshire, which requires candidates from parties that have not prequalified for the November ballot to issue a statement of intent by June 12.

"Other states allow third parties to submit names to serve as stand-ins until an official nominee is selected. But Washington State, Wisconsin and Alabama could present deadline problems similar to New Hampshire’s, though their deadlines are in late July or August."

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