Libertarian candidates kicked off ballot in Iowa

A Republican-dominated panel in Iowa has voted along party lines to remove all three Libertarian Congressional candidates from the ballot.

Libertarian Congressional candidates kicked off ballot in Iowa | Iowa Public Radio News | Katarina Sostaric:

August 28, 2024 - "Republican officials on Iowa’s state objection panel voted Wednesday to remove all three Libertarian candidates for Congress from the ballot, citing the Libertarian Party of Iowa’s failure to follow state laws concerning the process for nominating political candidates. The 2-1 vote means 1st Congressional District candidate Nicholas Gluba, 3rd District candidate Marco Battaglia and 4th District candidate Charles Aldrich will not appear on the ballot this fall unless they successfully appeal the decision in court by Sept. 3.

"Libertarian Party of Iowa Chair Jules Cutler said they would likely appeal the decision. Cutler said she was disappointed by the decision, but not surprised. 'It is about silencing us,' she said. 'Yes, it is about making sure that they are in a better position to win. If you want to win, how about you campaign, not silence other people.”

"Gluba, Battaglia and Aldrich said they would run write-in campaigns if they don’t get back on the ballot.

"The state objection panel is made up of Republican Secretary of State Paul Pate, Republican Attorney General Brenna Bird and Democratic State Auditor Rob Sand. Pate and Bird voted to remove the Libertarian candidates from the ballot, and Sand voted to keep them on....

"Republican voters from each of the three congressional districts filed objections to the Libertarians being on the ballot. Alan Ostergren, a prominent Republican lawyer in Iowa, represented the objectors. He said the Libertarian Party of Iowa’s county conventions were not valid because they were held the same day as its caucuses. Iowa law says county delegates’ terms start the day after the caucuses.

"'This flaw is fatal. It means that the purported delegates to a state and district convention that were selected at the county level were not validly selected on Jan. 15,' Ostergren said. 'It means the less than two dozen individuals who met in Des Moines to purport to nominate candidates for these three congressional seats had no legal authority to represent the Libertarian Party of Iowa'.... He also said the party failed to submit lists of delegates to county auditors, as required by state law.

"Cutler said the Libertarians held county conventions '181 minutes too early' — meaning they did not wait until midnight after the caucuses to hold the county conventions. She also admitted the party did not submit lists of delegates to county auditors. But, Cutler said, these should be considered technical violations and are not grounds for kicking people off the ballot.

"'It is embarrassing that we didn’t do it. It is a learning process. It is growing pains,' she said. 'But at the end of the day, we are substantially compliant with the law.'

"Sand, who voted to keep the Libertarians on the ballot, said there is no legal basis for removing candidates from the ballot because of 'nitpicky' issues with internal political party business. 'If this panel is making decisions, we are supposed to aim in terms of inclusiveness on the ballot, not trying to exclude people,' he said.

"Bird said there is precedent for the state objection panel reviewing nominating conventions. She said she doesn’t want to keep people off the ballot for small technicalities, but there are obligations major political parties have."

Read more: https://www.iowapublicradio.org/political-news/2024-08-28/state-panel-kicks-iowa-libertarian-candidates-congress-off-ballot

Iowa Libertarian congressional candidates kicked off November ballot | We Are Iowa Local 5 News | August 29, 2024:

Thomas Massie wins legal battle to stay on ballot

Judge dismisses lawsuit to remove Massie from primary ballot | Washington Times | Kerry Picket"

March 15, 2024 - "A Kentucky judge dismissed a lawsuit against Rep. Thomas Massie by his primary opponent who claimed the GOP congressman did not qualify for the primary ballot. Lewis County Circuit Judge Brian C. McCloud ruled against Republican candidate Eric Deters, who said in a Feb. 22 suit that T.J. Roberts, one of two witnesses who signed Mr. Massie‘s candidate filing form did not meet the district’s residency requirements....

Thomas Massie in 2018. Wikimedia Commons.

"Kentucky law requires ballot filings to be witnessed by two people who live in the same district as the candidate and are registered with the same political party as the candidate. Mr. Deters said Mr. Roberts‘ permanent address was not clearly established when he witnessed the candidate’s filing because he had temporarily relocated while his home, which was destroyed by fire, was being rebuilt.

"In his ruling, Judge McCloud said state law prohibits stripping voters of their residency status when they live outside the county or precinct temporarily. 'It is clear from the evidence Mr. Roberts intention was to continue to reside at his permanent address,' he said....

"In the ballot paperwork, Mr. Roberts listed a permanent address in Burlington in Mr. Massie’s district, though the home was later destroyed by fire.... Roberts testified that while his home was being rebuilt, he temporarily lived at two different addresses within the district and returned to his newly rebuilt home on Jan. 11. 

"He also said he was advised by the Kentucky Secretary of State’s Office to list his permanent legal address on the paperwork.

"After the case [was] dismissed, Mr. Massie said he was 'glad this frivolous lawsuit is behind us'.... Massie also filed a motion for sanctions against Mr. Deters, a suspended attorney and 2023 gubernatorial candidate known for filing similar lawsuits against other political candidates. Mr. Massie‘s motion would prohibit him from filing future pro se court action without judicial screening, but Mr. McCloud did not enter a ruling Friday on the motion.

"Mr. Deters said he plans to appeal the dismissal. 'Imagine not being allowed to cross-examine witnesses who sign affidavits. Not at a deposition. Not at a hearing,' he said on X. 'That just happened in my case against Thomas Massie. I will appeal immediately. I have made a strong record.'"

Read more: https://www.washingtontimes.com/news/2024/mar/15/judge-dismisses-lawsuit-to-remove-thomas-massie-fr/

Primary foe trying to remove Massie from ballot

A primary opponent has filed suit to have libertarian Republican congressman Thomas Massie removed from this year's ballot. 

Ruling on Deters-Massie lawsuit expected March 15 | LINKnky | Rebecca Hanchett:

March 1, 2024 - "A Lewis circuit court judge is expected to rule March 15 on a motion tied to U.S. congressman Thomas Massie’s qualification for reelection amid a legal challenge from primary opponent Eric Deters.... Deters — a former Northern Kentucky attorney representing himself in the case — filed a lawsuit challenging Massie’s qualification for reelection back on Feb. 22.... 

Thomas Massie in 2018. Wikimedia Commons.

"Deters, a 2023 Kentucky gubernatorial candidate who is running against Massie for Congress, says in the Feb. 22 suit that Massie is not qualified to run this year based largely on residency questions surrounding current state House District 66 candidate TJ Roberts – one of two witnesses to Massie’s Dec. 18 candidate filing in Frankfort. 

"Deters’ lawsuit claims that Roberts – whose home on East Bend Road in Burlington was destroyed by fire early last year, but has since been rebuilt – was not living at that address last year when he listed it as his permanent address as a witness to Massie’s filing on Dec. 18.... "

Deters claims Roberts’ residency in the district was uncertain when Roberts witnessed Massie’s filing on Dec. 18. His lawsuit asks the court to throw out Massie’s candidacy based largely on that claim. Deters himself filed to run against Massie in this year’s congressional primary Jan. 5. 

"Massie responded to Deters in a Feb. 26 motion, asking the court to rule in his favor based in part on a Feb. 26 affidavit from Roberts. In the affidavit, Roberts gave sworn testimony that the East Bend Road address is his permanent address.... According to the motion, Roberts stayed with his mother temporarily at her home in Walton after the fire through mid June 2023. From that point to Jan. 10, 2024, Roberts testified that he stayed temporarily at a residence on Torrid Street in Burlington (also in the 4th District and 66th House District) until moving to a rebuilt home at the permanent East Bend Road address on Jan. 11, 2024. Allstate insurance company paid for temporary living arrangements on Torrid Street during reconstruction of Roberts’ home, the motion reads. 

"While living temporarily elsewhere in the district, the motion clarifies however that Roberts returned to the East Bend Road address 'every single day in November, December, 2023 and January, 2024 to check mail, to feed the animals (on the property), to check on construction progress, and to ensure that heat was provided to the residence during cold weather.' The motion goes on to say Roberts was advised by the Kentucky Secretary of State’s office to list his permanent legal address 'and not any temporary address' on both his witness signature for Massie and on Roberts’ own candidate filing dated Jan. 5.... 

"A ruling from Judge McCloud on Massie’s motion to prohibit Deters from filing future pro se court action without judicial screening is not expected March 15, said Wiest.... On Feb. 26, Massie filed the motion, saying Deters’ Feb. 22 lawsuit meets legal standards for sanctions under existing case law and civil law.... According to the motion, Deters has 'a history of filing frivolous and self-serving actions' and 'his prior history of vexatiously challenging another opponents’ residence'.... Also cited in the motion is Deters’ 2023 lawsuit challenging the residency of last year’s gubernatorial rival Kelly Craft. It says the challenge was made 'not to adjudicate an issue but instead to garner press coverage.' That case was dismissed by Fayette Circuit Court Judge Lucy A. VanMeter last May. 

"On Friday Deters filed a motion to strike Massie’s move for sanctions. He provided a statement to LINK Friday evening, published in part below: 'My only comment is that I will be filing my response  to their motion and I believe Thomas Massie out of 435 Congressional Members is going to regret being more careful choosing is (sic) witness to his nominating position.'"

Read more: https://linknky.com/news/2024/03/01/massie-reelection-challenge-deters/

70,000 sign to put Alabama Libertarians on ballot

How the Libertarian Party stormed back onto the Alabama ballot | Alabama Political Reporter - Jacob Holmes:

October 3, 2022 - "For the past 20 years, the Alabama Libertarian Party has supported just a handful of candidates in each election cycle, with Alabama’s ballot access laws posing a seemingly insurmountable obstacle for third parties in the state. But come Nov. 8, the party will make its presence known with more than 50 candidates running up and down the ballot.... But what led to the party’s sudden resurgence, and why now? 

"Richard Winger, an avid researcher of ballot access laws across the country, said the party’s inability to get a free copy of the voter rolls in 2019 lit a fire to make a change. While the Republican and Democrat parties in Alabama get free copies of the voter rolls, most everyone else has to pay a penny per name, which came out to almost $36,000 in 2019. The Alabama Libertarian Party sued Secretary of State John Merrill in 2019 over the law, but the 11th Circuit Court disagreed that Supreme Court precedent guarantees minor parties equal access.... 'The Supreme Court already settled this,' Winger told APR.... 'But the judges in Alabama are so bad they wouldn’t even give us a victory on that.... That made me so unhappy that I thought, "I’ve just got to do something about this."' So Winger gave $40,000 of his own money to the Alabama Libertarian Party to start a ballot petition....

"Laura Lane, the chair of the Libertarian Party at the time, said Winger approached her after the Supreme Court refused to hear the case. Lane recalled hearing from many people at the time who were not members of the Libertarian Party who said they wanted to vote for the national party’s candidate, Jo Jorgensen, for president in 2020. But they couldn’t find her name on the ballot in Alabama — she was there, but listed as an independent instead of a Libertarian.... 

"Alabama’s ballot access laws present a major challenge unlike most any other state in the country. 'A party can stay on with no vote test in Mississippi, the party is on the ballot if it wants to be, and it works fine,' Winger said. 'In South Carolina, they just have to run one candidate every four years. In Florida, there’s no petition, they just turn in a list of state officers and bylaws. In Louisiana, a party can get on the ballot if it has just 1,000 registered members. Alabama’s way out of line with the rest of the country'.

"But the party has met the challenge at least once before in 2000, and they set out to make it happen once again. Soon, the party had petitioners all over the state, looking to hit the magic number of 51,588 signatures, 3 percent of the voters in the previous gubernatorial election. The party petitioned for about a year and a half before submitting the petition to the secretary of state’s office and ended up with more than 71,000 valid signatures to secure ballot access for the 2022 cycle.... 

"Lane said the party hired a professional fundraiser who helped to bring more money in during the campaign and, with the petitioning process already well underway, gained about $100,000 in support from the National Libertarian Party.... Lane said one petitioner in Mobile was 'physically assaulted' by government officials seeking to remove him from the property, although she wasn’t sure if a police report was filed regarding the incident. And she said police were called on petitioners in Baldwin County on multiple occasions, but the officers agreed that the petitioners had a Constitutional right to stay and continue....

"The battle is far from over; the party will need at least one statewide candidate to get 20 percent of the vote to maintain ballot access for the 2024 election. That’s 10 times the national median of 2 percent; the next highest bar for ballot access is Kentucky, which requires a party to get 15 percent of the vote to stay on the ballot.... '[I]t’s a form of voter restriction that’s keeping choices away from voters,' said Gavin Goodman, current chair of the Alabama Libertarians. Winger said 2018 election data gives him hope that the effort to get on the ballot won’t be in vain, as several states saw statewide Libertarian candidates get past that 20 percent threshold....

"'If we don’t make it, it’s going to be quite demoralizing for a number of us, but obviously we have to keep pushing,' Lane said. 'We’re going to keep pushing because we need change. They are hitting our pocketbooks too much. As long as I’m involved, I’m going to be pushing for the party to keep going. There’s too much at stake here.'"

Read more: https://www.alreporter.com/2022/10/03/how-the-libertarian-party-stormed-back-onto-the-alabama-ballot/

Libertarian polls at 38% in Arkansas Senate race

Tom Cotton Won't Debate His Libertarian Challenger. The Event Will Happen Anyway | Reason - Eric Boehm: 

October 12, 2020 - "Sen. Tom Cotton (R–Ark.) is ducking a chance to debate his Libertarian challenger, even as a new poll shows the race tightening in the final weeks of what could be a rough election season for Republicans. The debate, scheduled to be broadcast by Arkansas' PBS station on Wednesday night, will take place even without Cotton's participation. That means it will basically be an hour-long opportunity for Ricky Dale Harrington, Jr., to speak directly to the voters who will decide next month whether Cotton deserves another six years in the Senate.

"Cotton, who has emerged in recent years as one of the loudest voices in the GOP's ascendant authoritarian nationalist wing, appeared to be heading for an easy reelection bid when the only Democrat to enter the race dropped out late last year. Enter Harrington, a 34-year-old prison chaplain running a campaign that gives voters about as stark a choice as they are likely to find in any two-way contest this year. Where Cotton has claimed that America has an 'under-incarceration problem' and called for deploying more heavy-handed police tactics against protesters, Harrington wants to reduce mandatory minimums and demilitarize the police. That contrast would provide fertile ground for serious debate between the two men — if Cotton would agree to show up.

"Even before this week's debate, Harrington has made a splash. According to a poll released last week by American Research Group (a polling firm that FiveThirtyEight grades well), Cotton leads 49 percent to 38 percent. That's a comfortable enough lead — and every professional prognosticator has the race listed as a 'safe' Republican win, even as the tide has turned against the GOP in the presidential race and some key Senate battlegrounds. Still, Cotton is polling at less than 50 percent in a two-way race, and 13 percent of voters say they remain undecided....

"This week's non-debate is an opportunity for Harrington to appeal to those undecided voters. Failing to show up means Cotton stands to gain nothing.

"When Cotton rejected the invitation to the debate, his campaign released a statement saying he was 'spending time on the campaign trail when the Senate is in recess, and looks forward to making his case to Arkansans across our state before this November's election.' What Cotton won't do, apparently, is go head-to-head with a challenger that nearly four out of 10 Arkansans say they support."

Read more: https://reason.com/2020/10/12/tom-cotton-wont-debate-his-libertarian-challenger-the-event-will-happen-anyway/ 

Why it matters
by George J. Dance

I would love to see Ricky Harrington win, but I think that is very doubtful by the poll numbers. Even if the undecideds broke 11:2 for him, Tom Cotton wiould still win. On the other hand, for Herrington to get over 30% should be big news. Let's hope Libertarians get as much news out of it as possible. 

Libertarians may not have won that many elections in the USA, but they have been the most successful interest group fighting for free and fair elections in that country, and it is time to shine a light on that success. Harrington's candidacy shows two ways they do that.  

First, Libertarians counter the worrying trend in America of two-party elections turning into one-party coronations. As the country grows more polarized and campaigns get more expensive, both Democratic and Republican parties are finding it more and more necessary to stop contesting seats they are sure they cannot win. In those cases, all semblance of the voters having any say in who gets elected goes out the window. However, Libertarians — who run low-cost campaigns, not to win (at this time) but to recruit (so we can win later) — can provide one thing representative democracy needs in order to function, an opposing choice for voters dissatisfied with a single option.  

Second, if Harrington gets at least 25%, that will be more than 10 times the 2% threshold the state requires for major party status (including automatic ballot access). In all fairness, Harrington's vote should qualify the party.  However, the state counts only the governor's race, not other statewide races, which is unfair; and if the party loses its status this time, that unfairness will be manifest to all (or at least to all besides Cotton supporters).  

The Libertarians are often subject to unfair and arbitrary laws like this; and their success in fighting them, by both lobbying state legislatures and initiating court challenges, has given them a solid record of achievement over the past five decades. This year's election may give them a golden opportunity of adding to that record. 

Libertarian Party on ballot in all 50 U.S. states

 LP Presidential Nominee On The Ballot in All 50 States Plus DC | Libertarian Party - Bob Johnston

September 16, 2020 - "As of September 15, the Libertarian Party (LP) has received confirmation that the campaign of Dr. Jo Jorgensen for president and Jeremy 'Spike' Cohen for vice president has met all states’ ballot-access requirements, according to the LP’s chair, Joseph Bishop-Henchman. Therefore, the Libertarian ticket is now officially on the ballot in all 50 states plus the District of Columbia. American voters — regardless of where they live — will see the Jorgensen–Cohen ticket on their ballots this November....

"The year 2020 marks the fifth time the Libertarian Party has succeeded in placing its presidential ticket on the ballot in all 50 states, having done so previously in 1980, 1992, 1996, and 2016. No other alternative party in over 20 years has achieved universal ballot access in a presidential election.

"The LP had already earned ballot status in 35 states plus D.C. this election, based on the party’s size or performance in past elections. In the remaining states, Libertarian candidates were forced to collect petition signatures from registered voters to be placed on ballots. Provisions vary considerably among states, but none require the nominees of the Democratic or Republican parties to petition for ballot access.

"The challenge of overcoming such discriminatory ballot-access laws was compounded this year as governors issued stay-at-home orders that prohibited in-person petitioning and cast it as a public-health threat. Despite these obstacles, Libertarians succeeded continuing the party’s streak of 50-state ballot access and building upon the momentum formed during Gov. Gary Johnson’s 2016 presidential candidacy.

"Jorgensen and Cohen campaigned in Pennsylvania and other key states this year to aid signature-gathering efforts. Speaking to supporters outside the State Board of Elections in Annapolis, Maryland, where Libertarians submitted their final signatures, Dr. Jorgensen remarked on the importance of ballot access:

"'We’ve got two big-government candidates, and they both want to increase spending, they both want to take away your decision-making power, and neither one wants to bring the troops home', said Dr. Jorgensen. 'The only way to give every American another choice is for Libertarians to be on the ballot in all fifty states.'"

Read more: https://www.lp.org/lp-presidential-nominee-on-the-ballot-in-all-50-states-plus-dc/

Libertarians on ballot in NH and Texas

It’s official: Libertarian Party candidates to be on general election ballot | WMUR 9 - John DiStaso: 

September 3, 2020 - " The Secretary of State’s Office on Wednesday certified that nine Libertarian Party of New Hampshire candidates will appear on the general election ballot on Nov. 3. It was the final step in the LPNH effort that began in the spring to relax the thresholds for nomination papers needing to be collected, due to the restrictions resulting from the COVID-19 pandemic, to have the candidates appear on the ballot.

"The party last week said it collected enough nomination papers in each congressional district to meet lower thresholds ordered into place by a federal judge. 'This closes this cycle’s ballot access saga,' said LPNH vice chair Richard Manzo.

"Appearing on the ballot will be candidates for president Jo Jorgensen; for U.S. Senate, Justin O’Donnell; for 1st Congressional District, Zachary Dumont; for 2nd Congressional District, Andrew Olding; for governor, Darryl W. Perry; for Hillsborough County Attorney, Nicholas Sarwark; for Hillsborough County Treasurer, Richard Manzo; for Hillsborough District 14 state representative, Robert Daniel; and for Sullivan County District 9 state representative, Tobin Menard."

Read more: https://www.wmur.com/article/this-day-in-history-sept-11-terrorist-attacks-shock-america/28990240

Texas Supreme Court rejects Republicans' attempt to remove 44 Libertarians from the November ballot | Texas Tribune - Sami Sparber:

September 5, 2020 - "The Texas Supreme Court on Saturday rejected an attempt by Republicans to kick 44 Libertarians off the ballot in the November elections. Several Republican Party candidates and organizations had sued to remove the Libertarians, arguing they did not pay filing fees — a new requirement for third parties under a law passed by the Legislature last year. But the Supreme Court dismissed the suit, finding that the Republicans missed the Aug. 21 deadline to successfully boot people from the ballot....

"Groups affiliated with both major parties have gone to court in recent weeks to remove from the ballot non-major-party candidates perceived to be a threat. In general, Libertarians are believed to peel votes away from Republicans, while the Green Party is thought to siphon votes from Democrats.

"In multiple cases citing the same lack of a filing fee paid, state and national Democrats were successful in removing some Green Party candidates. The Supreme Court suggested that at least some Libertarians may have made the same mistake, but said the GOP was too late in bringing its legal challenge forward."

Read more: https://www.texastribune.org/2020/09/05/Republicans-libertarians-ballot-remove/

Libertarians make ballot in Iowa

Libertarian Party Gains Ballot Access In Iowa | Libertarian Party of Iowa - Mike Conner jr:

August 28, 2020 - "YOU did it! The Libertarian Party of Iowa received confirmation from the Iowa Secretary of State’s office this morning that there were no objections to the filings submitted for Libertarian Presidential and Vice-Presidential candidates Jo Jorgensen and Spike Cohen. This means that Iowa will once again have a choice on the ballot this November that represents liberty, freedom, and principles!

"This was not an easy accomplishment, but we did it and it is all thanks to you! Hundreds of volunteers from across the state came out in force to promote libertarian principles and gather more than 2300 signatures from over two-thirds of Iowa’s counties. This was truly a grassroots effort unlike anything I have seen in our state.

"Thank you to the Jorgensen campaign and the national Libertarian Party for their support in our battle for ballot access. Thank you to LPIA Co-Chair Ed Wright, LPIA Treasurer Amy Wixted, and former LPIA Secretary Jules Ofenbakh for their help in reviewing and organizing the signatures and paperwork to be filed. Thank you to Bryan Jack Holder and Logan Spangler for attending and documenting the official filing of signatures with the Secretary of State.

"Most importantly, thank you to everyone who contributed to the effort, either through donating to the LPIA, gathered signatures, or even simply signed a petition to get Jo and Spike on the ballot. This would not have happened without all your support!

"Now, let’s get ready to vote for real change and real principles in Iowa this fall!"

Read more: https://lpia.org/2020/08/28/libertarian-party-gains-ballot-access-in-iowa/

Texas GOP tries to remove Libertarians from ballot

GOP seeks to strike 41 Libertarians from Texas ballot | Austin American-Statesman - Chuck Lindell:

September 1, 2020 - "Republican candidates and organizations are asking the Texas Supreme Court to remove 41 members of the Libertarian Party from the November ballots. All of the Libertarians are ineligible to run, the GOP argues, because they failed to pay a newly created candidate filing fee or collect the necessary petition signatures to avoid the fee. But the Libertarian Party argues that the GOP, which could have challenged the candidates in December, waited too long to seek a court remedy.

"'In the midst of pandemic, with life in general taking longer and facing more complications than usual, this Court should not exacerbate the problem by ordering counties across the state to stop preparing ballots so (the GOP) can strip Texas voters of their rights to vote for their chosen candidates,' the party’s leaders told the Supreme Court in a Tuesday filing.

"The GOP’s legal challenge is similar to a successful attempt two weeks ago by Democrats to remove three Green Party candidates for the same reason. The Republicans, however, filed their first court challenges after the Aug. 21 deadline to declare candidates ineligible, prompting the Austin-based 3rd Court of Appeals to dismiss three petitions as moot.

"So the GOP organizations and candidates, including four congressmen from Central Texas and the Travis County Republican Party, turned to the Texas Supreme Court, arguing that the 2019 state law that extended the fees to minor parties 'is less than crystal clear' on how to challenge candidate eligibility. The Republicans argued that they 'fell in the trap' of challenging the eligibility of candidates, too late as it turned out, when they should have challenged the candidate applications as improper under a different section of the state’s election laws.

"Removing candidates based on improper applications can take place any time before Sept. 18, when ballots are mailed to members of the military serving overseas, the Republicans told the Texas Supreme Court. Practically, however, the party acknowledged that the Texas secretary of state’s office has been arranging to print and distribute those ballots since Aug. 28, and its petition urged the Supreme Court to act as quickly as possible..... 

"Libertarian Party ... officials urged the court to avoid a rushed decision over a filing fee that many Libertarians see as an unconstitutional poll tax — particularly with two court challenges underway. In the first, a state lawsuit filed by current and former party candidates in Harris County led to a court order blocking the fee as unconstitutional, though the ruling was halted by an appeals court that has yet to decide the case. The second involves a federal lawsuit by the party and several of its candidates that is set for trial next year....

"All nine members of the Texas Supreme Court are Republicans, including two who are opposed by Libertarian candidates who have been challenged in the GOP petition — Chief Justice Nathan Hecht and Justice Jeff Boyd."

Read more: https://www.statesman.com/news/20200901/gop-seeks-to-strike-41-libertarians-from-texas-ballot

NH Libertarian ballot access sigs certified

Libertarian Party says it has enough certified petitions for its candidates to appear on Nov. ballot | WMUR 8 - Jon DiStaso:

Aug 27, 2020 "The Libertarian Party of New Hampshire says it has cleared an important hurdle in its effort to have its candidates appear on the general election ballot Nov. 3. Wednesday was the deadline under state law for local supervisors of the checklists across the state to tell the LPNH and independent candidates if the nomination papers they submitted in early August were valid and were certified.

"LPNH vice chair and spokesperson Richard Manzo said Thursday afternoon that the various checklist supervisors certified 1,058 petitions in each congressional district. The fact that the number was the same in each congressional district was a coincidence, Manzo said. The number in each district surpasses a reduced threshold of 975 petitions in each district set by a federal judge in July. That number applies to statewide candidates for president, governor and U.S. Senate – and for U.S. House candidates in each district. The requirements for down ballot candidates are fewer.

"The judge made the ruling reducing the requirement after hearing arguments in a lawsuit filed by the LPNH against Gov. Chris Sununu asking for relaxed ballot requirements. The LPNH cited the difficulty it was having collecting, in person, the required number of nomination papers due to the 'Stay at Home' and 'Safe at Home' orders issued in response to the COVID-19 pandemic. Normally, Libertarian candidates would have been required to obtain 1,500 signed nomination papers in each of the state’s two congressional districts.... 

"The next step is for Secretary of State’s Office to verify the findings of the supervisors no later than Wednesday, Sept. 2. Manzo said party officials and candidates will deliver the certified petitions to the Secretary of State’s Office at 9 a.m. that day. Deputy Secretary of State David Scanlan said his office will then do its own count of the petitions certified by the supervisors and verify that they meet the threshold....

"Manzo told WMUR in early August that the party submitted 2,400 petitions in the 1st Congressional District and 1,600 in the 2nd District.... Manzo had said the party expected a 75 percent validity rate, far higher than the 44 percent rate apparently achieved in the 1st District and the 66 percent rate achieved in the 2nd District....

"Manzo said attending the Wednesday event to deliver the nomination papers to the Secretary of State will be eight Libertarian candidates: Justin O’Donnell, U.S. Senate; Darryl W. Perry, governor; Zachary Dumont, U.S. House 1st Congressional District; Andrew J. Olding, U.S. House 2nd Congressional District; Manzo, Hillsborough County Treasurer; Nicolas Sarwark [sic], Hillsborough County Attorney; Robert Daniel, state representative in Hillsborough County District 11; and Tobin Menard, state representative for Sullivan County District 9. If the statewide threshold is met, the Libertarian president candidate, Jo Jorgensen, will also appear on the ballot."

Read more: https://www.wmur.com/article/libertarian-party-says-it-has-enough-certified-petitions-for-its-candidates-to-appear-on-nov-ballot/33826199

Maryland LP collects 7,000 sigs to make ballot

Libertarian Presidential Candidate Delivers Signatures for Maryland Ballot | Maryland Matters - Hannah Gaskill:

August 5, 2020 - "Libertarian candidate Jo Jorgensen presented more than 7,000 signatures to the State Board of Elections Monday, which she hopes will more than fulfill Maryland’s requirement to appear on the state ballot for president.... About 30 people lined the sidewalks of Annapolis’ West Street as Jorgensen exited a big blue campaign bus adorned with her face. Bob Johnston, chair of the Libertarian Party of Maryland, followed as she walked to the Board of Elections office, three cardboard beer boxes of petitions in tow, bearing 7,731 signatures. The minimum requirement for third party candidates in Maryland is 5,000 valid voter signatures.

"According to Joe Bishop-Henchman, chair of the Libertarian National Committee, Jorgensen has qualified to appear on the ballot in 42 of 50 states. Bishop-Henchman said the party is still working toward meeting requirements in the other eight states....

"Addressing her supporters in a parking garage near the State Board of Elections office, Jorgensen thanked volunteers for pushing for her to be on the ballot.

"'It’s just so important to be on the ballot in all 50 states,” she said, 'because right now the status quo is giving us the impression that we have an alternative — that we have a choice, but we’ve got two big government people, they both want to increase spending, they both want to take away your decision-making power and neither one wants to bring the troops home, so the only way to get that choice to every American is to be on the ballot in all 50 states.'

"Twice in her interview with Maryland Matters Jorgensen asserted that, if she were in the Oval Office, her first priority would be 'bringing the troops home — day one. Because that’s something I can do myself,' she said. 'I don’t need Congress to do that. I don’t need their help to do that.' She also recommended bringing overseas troops home as one solution to America’s major economic downturn brought on by the coronavirus crisis.

"Despite its effect on every aspect of American life, the pandemic has not slowed Jorgensen. Annapolis was one of her first stops along her '20-city, 16-day bus tour,' going as far west as Kansas City, Mo. and Dallas, Tx. Jorgensen jabbed at presumptive Democratic Nominee Joe Biden (D) for being 'locked up in his basement giving Zoom interviews' while she is traveling around the country.

"Jorgensen said the date of the election should not be moved. 'We’ve been through much worse than this in our country,' she said. 'And I just want to point out that my goal as president would be to make government so small that it wouldn’t even matter if people forgot to vote, that they could make their own choices in health care, environment, health, education, and so on, and that they wouldn’t even worry about who was in the White House'.... She criticized the current administration’s handling of the COVID-19 pandemic, saying that Trump should have lifted FDA restrictions on U.S.-made test kits and promoted testing for asymptomatic citizens."

Read more: https://www.marylandmatters.org/2020/08/05/libertarian-presidential-candidate-delivers-signatures-for-maryland-ballot/  

Libertarian ticket makes ballot in Maine

Libertarian presidential candidate qualifies for Maine ballot, ending lawsuit against state | Bangor Daily News - Michael Shepherd:

August 11, 2020 - "Libertarian presidential candidate Jo Jorgensen qualified for the Maine ballot on Tuesday, bringing an end to the third party’s lawsuit over state rules and putting the fifth and final party hopeful on the November slate here. The party promoting civil liberties and small government was recognized in Maine between June 2016 and December 2018, but it then failed to reach a voter threshold to be recognized as a party. Jorgensen was therefore required to collect 4,000 signatures of registered voters to get on the ballot, the state’s threshold for non-party candidates.

"Jorgensen’s campaign sued the state in late July over the threshold, asking a U.S. District Court judge to halve the requirement, which it said was too onerous amid the coronavirus pandemic. But the office of Secretary of State Matt Dunlap determined the campaign had enough signatures to qualify, Assistant Attorney General Phyllis Gardiner said in a Tuesday filing. That led the parties to agree to dismiss the suit. 

"Jorgensen will be on the Maine ballot in November alongside President Donald Trump, a Republican, former Vice President Joe Biden, the presumptive Democratic nominee, and Green nominee Howie Hawkins and Rocky de la Fuente of the Alliance Party. The latter candidate had to meet the same threshold as Jorgensen.

"The Maine race will be under the microscope as Trump looks to repeat his 2016 win in the 2nd Congressional District with Biden leading recent public polls statewide. The third-party candidates could have an outsized importance with the state planning to use ranked-choice voting for the first time in the history of presidential elections."

Read more: https://bangordailynews.com/2020/08/11/politics/libertarian-presidential-candidate-qualifies-for-maine-ballot-ending-lawsuit-against-state/

Libertarians make ballot in Pennsylvania

 Libertarian Presidential Candidate to Speak in Centre County | StateCollege.com - Geoff Rushton:

July 31, 2020 - "Earlier this week the U.S. Third Circuit Court of Appeals rejected the Libertarian Party's challenge, filed in the spring, to Pennsylvania's requirements that third parties collect in-person signatures for ballot access in the November general election. The party argued that the COVID-19 pandemic and related restrictions made it too difficult to collect the signatures in person before the Aug. 3 deadline.

"This weekend, [presidential candidate Jo] Jorgensen and the party's vice presidential candidate, Spike Cohen, are on crisscrossing tours across the commonwealth in an effort to gain the needed 5,000 signatures by Monday. Cohen's tour will cover eastern Pennsylvania. Liz Terwilliger, Libertarian candidate for Pennsylvania's 12th congressional district, which includes part of Centre County, said in a statement she appreciated the top ticket candidates embarking on the signature drive."

Read more: http://www.statecollege.com/news/local-news/libertarian-presidential-candidate-to-speak-in-centre-county,1483748/

There will officially be a Libertarian candidate for President on Pennsylvania’s ballot in November | ABC 27 - WHTM:

August 10, 2020 - "Libertarian Presidential candidate Dr. Jo Jorgenson has officially gained ballot access in Pennsylvania for the November election.

"Jorgenson and running mate Jeremy 'Spike' Cohen campaigned on a three-day tour in 20 cities around PA to voice their opinions and introduce themselves to the Pennsylvania public. Spike visited York County earlier this month as a part of this campaign.

"Despite the worldwide coronavirus pandemic, recent court rulings required volunteers to collect over 5,000 physical signatures to ensure ballot access in November. With help from hundreds of volunteers, the candidates collected double the number of required signatures."

Read more: https://www.abc27.com/news/local/there-will-officially-be-a-libertarian-candidate-for-president-on-pennsylvanias-ballot-in-november/

Federal judge lowers NH ballot access bar

Judge's Ruling Makes It Easier For Libertarians To Get On N.H. Ballot | NHPR - Josh Rogers:

July 30, 2020 - "A federal judge has lowered the threshold for Libertarian party candidates to get on the November ballot in New Hampshire. Libertarians sued the governor and secretary of state on the grounds that the ballot access requirements were too burdensome during a time of coronavirus restrictions.

"Libertarians can get on the ballot with 35 percent fewer signatures under the ruling issued by federal judge Joseph Laplante.... Libertarians had sought automatic ballot access, but this ruling increased the likelihood they can gather the needed signatures for candidate petitions by August 5.

"Under the ruling, which followed hearings last week, candidates running for president, governor, and U.S Senator will need to submit signatures of 1,950 registered voters, instead of 3,000. For candidates for Congress, the needed number of signatures will be 975 signatures, rather than 1,500. Candidates seeking seats in Concord, or for county offices will need 97 signatures, instead of 150."

Read more: https://www.nhpr.org/post/judges-ruling-makes-it-easier-libertarians-get-nh-ballot#stream/0

Alaska LP submits 5,000 sigs for ballot access

Alaska Libertarians turn in over 5,000 signatures to get Presidential ticket on ballot } KINY 800/94.9:

July 20, 2020 - "The Alaska Libertarian Party has turned over signatures in order get the party's presidential ticket on the ballot. The ALP has submitted 5,024 ballot access petition signatures, well exceeding the 3,212 signatures required for state permission to allow Libertarian Presidential candidate Dr. Jo Jorgensen and Vice Presidential candidate Spike Cohen as a choice on Alaskan ballots in November.

"The ALP had sought pandemic-related relief from the statutory provisions requiring that the party obtain voter signatures on petitions to qualify for placement on Alaska’s November 3, 2020, general election ballot, from both the State of Alaska and the courts.

"'We have been met with opposition at every level of the State government, to include a response from the court that we, in essence, petition harder,' said Jon Briggs Watts, Chair of the Alaska Libertarian Party. 'In the face of additional health risk for all concerned, the state’s callous disregard for constituent safety gave us no choice but to do just that, even amidst a steep rise in cases around Alaska.'

"Watts said that. rather than take an opportunity to be supportive and offer an open hand during this crisis, the 'party system doubled-down on the preservation of their monopoly of control. But their actions continue to expose this as the harder they grasp, the more each individual sees this collectivist control for what it is.'"

https://www.kinyradio.com/news/news-of-the-north/alaska-libertarians-turn-in-over-5000-signatures-to-get-presidential-ticket-on-ballot/

Maryland lowers ballot access signature bar

Ballot Access Requirement for Maryland Green, Libertarian Parties Cut in Half | Maryland Matters -  Danielle E. Gaines:

June 20, 2020 - "The petition requirement for Maryland’s Green and Libertarian parties to gain ballot access for the November general election has been slashed in half. The parties will have until Aug. 3 to turn in 5,000 valid signatures from registered voters, down from the statutory requirement of 10,000.

"The state’s leading third parties filed a lawsuit in U.S. District Court to reduce the requirement late last month, arguing that the state’s springtime stay-at-home order and social distancing guidelines made it impossible for them to exercise their First Amendment rights.The parties had sought to reduce the requirement to 1,000 valid signatures. A settlement agreement was filed in the court on Friday....

"The state board approved a policy change in late April to allow parties and candidates to collect signatures electronically during the COVID-19 pandemic....

"The Libertarian Party of Maryland has collected about 3,000 signatures so far and hopes to collect another 4,000 before the August deadline, Bob Johnston, the party’s state chair, said. The party has some petitioners working on the ground now and hopes to add more soon.

"The national party is committed to 50-state ballot access for the Libertarian presidential ticket, which will help the party’s cause in Maryland, but getting signatures will still be difficult with most of the large festivals that petitioners used to visit still canceled, Johnston said.

"'The people who have been telling us to socially distance, are now telling us to go collect signatures. …It’s really putting us in a bind,' he said."

Read more: https://www.marylandmatters.org/blog/ballot-access-requirement-for-green-libertarian-parties-cut-in-half/

Maine's party membership law unconstitutional, federal judge rules

Federal judge calls Maine unenrollment law unconstitutional in Libertarian lawsuit | Bangor Daily News - Caitlin Andrews:

June 11, 2020 - "The state’s process for keeping political party members enrolled is unconstitutional, a federal judge in Bangor ruled Thursday. But he declined to immediately re-enroll more than 6,000 previous members of Maine’s Libertarian party.... The party’s numbers are not immediately restored, but U.S. District Court Judge Lance Walker found the plaintiffs would be likely to succeed if they continued the case on its constitutional merits.

"The Libertarians sued Secretary of State Matt Dunlap late last year, arguing the state’s enrollment thresholds were impossible to maintain for small parties. State law requires new parties to enroll at least 5,000 members the year before a general election and to have at least 10,000 by the next general election.... Party members are unenrolled if that enrollment threshold isn’t met.

"The Libertarians argued the requirements ... 'severely burden the constitutional rights' of voters and prevent new political parties from gaining a foothold in the state, pointing to the financial and time commitment needed to enroll members. Walker agreed that the un-enrollment process was unconstitutional, writing that it 'penalizes minor parties' by repeatedly setting them back 'when they are just getting going.' But he denied the party’s request to immediately re-enroll the more than 6,000 previous Libertarians....

"Walker factored the timing of the suit into his decision. By waiting almost a year to challenge their most recent loss of status, he said previously enrolled members may have since enrolled in other parties, or may prefer their unenrolled status. Further, the Libertarian party has not proved that those previous members wish to be enrolled. Automatically re-enrolling them 'would completely disrupt the state’s orderly process of election administration and would be manifestly unfair to other candidates – both those enrolled in other parties and unenrolled ‒ who are competing for those same elective offices and remain obligated to comply with all applicable statutory requirements,' Walker wrote."

Read more: https://bangordailynews.com/2020/06/11/politics/federal-judge-calls-maine-unenrollment-law-unconstitutional-in-libertarian-lawsuit/

8th Circuit puts Libertarians on ballot in Arkansas

Eighth Circuit Sides With Arkansas Libertarians in Ballot-Access Suit | Courthouse News - Joe Harris:

June 18, 2020 = "Arkansas’ stringent election requirements to get on the ballot as a third party are likely unconstitutional, the Eighth Circuit ruled Thursday.

"Recent amendments to the law at issue nearly tripled the number of signatures needed for a new political party to appear on a ballot. State law previously dictated that a new party needed 10,000 voter signatures to get on the ballot. Now, parties seeking whole-ballot access need an amount that equals or is greater than 3% of the total votes cast in the state’s last gubernatorial election — which amounts to nearly 27,000.

"The Libertarian Party of Arkansas filed the lawsuit challenging the requirements in the Eastern District of Arkansas in March 2019. Arkansas appealed to the Eighth Circuit after U.S. District Judge Kristine G. Baker, a President Barack Obama appointee, granted preliminary injunctive relief, finding that the law was likely unconstitutional.

"Attorney James C. Linger, who represented the Libertarian Party, lauded the unanimous decision by the three-judge panel. 'It ends the thing for this election,' Linger said in an interview. 'The Libertarian Party will be on the ballot; all their candidates will be on the ballot. If it would have been reversed, they would have lost their candidates and everything for this election'....

"'We harbor serious doubt that the generalized desire to maintain the integrity of elections and prevent ballot overcrowding can be viewed as a compelling state interest when the prior version of the statute undisputedly succeeded at preventing ballot overcrowding,' Senior U.S. Circuit Judge Michael J. Melloy, a George W. Bush appointee, wrote in the 21-page opinion. 'The evidence at the hearing showed that no party previously achieved access during the years in which Arkansas had a 3% requirement, and even during the many years in which Arkansas had a 10,000 signature requirement coupled with a more forgiving deadline, there was no crowding of the ballot.' Melloy continued, 'The state’s own expert witness acknowledged that only one or two new parties had ever qualified by petition under the 10,000 signature requirement. In fact, he opined that a ballot with two major parties and two additional parties appearing on a whole-ballot basis would not be crowded'....

"Arkansas passed similar laws in 1996 and 2006, only to have them both found to be unconstitutional. Linger said the state has been attempting to impose similar restrictions on third parties off and on for decades.... Linger plans on following up with motions for summary judgment to officially end the matter."

Read more: https://www.courthousenews.com/eight-circuit-sides-with-arkansas-libertarians-in-ballot-access-suit/

Alaska Libertarians file ballot access suit

Alaska Libertarian Party files lawsuit to get on presidential ballot - Andrew Kitchenman, Alaska Public Media & KTOO Juneau:

June 11, 2020 - "The Alaska Libertarian Party has filed a federal lawsuit against state elections officials....  The party wants its presidential candidate to appear on the general election ballot. The party and its chair, Jon Watts of North Pole, sued state Division of Elections Director Gail Fenumiai and Lt. Gov. Kevin Meyer in the U.S. District Court for Alaska....

"Watts said it is unconstitutional to require the party to meet the state’s legal requirements for gathering signatures, due to the COVID-19 pandemic. 'When you’re out sitting in front of a grocery store and everybody’s wearing masks — I mean, having a smile to greet people and they’ll sit there and talk with you for a minute, was really strictly prohibited with the social distancing initially,' he said.

"State law allows parties ballot access if they get 3% of the vote in the most recent statewide general election, if 3% of the state’s voters are in their party or if they gather signatures equal to 1% of the votes cast in the most recent presidential election. Since the party didn’t clear the first two bars, they ... need 3,212 signatures. And they’ve hired a signature gatherer, Scott Kohlhaas. The lawsuit said the party would usually get 1,000 signatures per week, but recently gathered only 149 in roughly two weeks....

"Watts said the ballot access should be a constitutional right. He said the state’s response is an example in favor of his party’s limited-government approach. 'It’s interesting that government at all levels can suspend actual constitutional rights — the freedom to assemble and do various other things relative to our Bill of Rights,' he said. 'However, when it comes to some slack allowance for ballot presence relative to this COVID: "Oh, we can’t change the rules for that"'

"The state did allow the party to gather signatures online, but Watts said the courts should allow the Libertarians and other third parties to have their candidates go directly onto the ballot....

"Libertarians have a history of receiving more votes in Alaska than in most other states. Four years ago, Libertarian Gary Johnson received nearly 6% of the vote in Alaska, his third-highest share in the country, after New Mexico and North Dakota. The same year, Joe Miller received 29% of the vote in the U.S. Senate election. But the party’s candidate for governor, Billy Toien, received less than 2% of the vote in 2018.

"Green Party of Alaska secretary Robert Shields said his party also is concerned it won’t be able to get enough signatures for its candidate to be on the ballot. The party hasn’t picked a candidate."

Read more: https://www.alaskapublic.org/2020/06/11/alaska-libertarian-party-files-lawsuit-to-get-on-presidential-ballot/

New Hampshire Libertarians sue for ballot access

NH Libertarians sue over ballot access rules amid pandemic | Keene Sentinel - N.H. Public Radio:

June 10, 2020 - "The Libertarian Party of New Hampshire is suing the governor and the state’s top election official for not adjusting ballot access requirements amid the COVID-19 pandemic.

"Under existing election laws, Libertarian candidates running for president, governor or U.S. senator in New Hampshire need to collect signatures from 3,000 registered voters to get on the ballot for the 2020 elections. In a complaint filed in federal court Monday, the Libertarian Party argues this threshold is unreasonable, as signatures are typically collected door-to-door, and it is less safe to do that now, due to the ongoing pandemic.

"Instead, the party is asking the state to lower the signature requirement or suspend it altogether for the upcoming elections. Similar lawsuits have been filed on behalf of Libertarians in other states, including Georgia, Illinois and Pennsylvania."
Read more: https://www.sentinelsource.com/news/local/nh-libertarians-sue-over-ballot-access-rules-amid-pandemic/article_f441d432-e2f4-50d7-a729-ba83053656ce.html

NH Primary Source: Libertarian presidential candidate Jorgensen urges end of police ‘militarization’ | WMUR - John DiStasio:
June 4. 2020 - "Libertarian Party nominee Dr. Jo Jorgensen ... was in the state Wednesday to file her declaration of intent to appear on the New Hampshire ballot. Jorgensen turned down a telephone interview, but did answer our question on the issues of the day in writing....

"Dr. Jorgensen: 'Governor Sununu’s refusal to work with the party places an undue risk on thousands of voters who know they deserve a real choice on their ballots in November. The state clearly agrees that collecting petitions is dangerous, as it recommends against everything involved with gathering petitions. From large gatherings, to close personal contact with strangers, signing a petition creates a risk to public safety.

"'Refusing to grant relief puts health and pursuit at odds with an open democracy. With stay-at-home orders in effect, the governor is violating the right to free speech, constitutionally-guaranteed equal rights to be elected to office, and effectively outlaws the gathering of petitions as required by law.'"

Read more: https://www.wmur.com/article/nh-primary-source-libertarian-presidential-candidate-jorgensen-urges-end-of-police-militarization/32761826