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February 2016 Ballot Access News Print Edition

Ballot Access News
February 1, 2016 – Volume 31, Number 9

This issue was printed on white paper.

Table of Contents

U.S. DISTRICT COURT ENJOINS CONNECTICUT BAN ON OUT-OF-STATE CIRCULATORS MICHIGAN ENDS STRAIGHT-TICKET PROCEDURAL WIN IN SOUTH DAKOTA BALLOT ACCESS CASE BALLOT ACCESS BILLS 72% OF ARIZONA LEGISLATORS BACK POPULAR VOTE PLAN MAINE LIBERTARIAN PARTY SUES ARIZONA TOP-TWO INITIATIVE STARTS TO CIRCULATE, BUT HAS LEGAL FLAWS ALASKA DEMOCRATS WANT TO LET INDEPENDENTS BE THEIR NOMINEES AMERICA VOTES 2014 IS NOW IN PRINT ELECTION LAW BILLS OF INTEREST BOOK REVIEW: PRIMARY POLITICS U.S. SUPREME COURT DENIES THREE BALLOT ACCESS CASES U.S. DISTRICT COURT DENIES RELIEF IN PENNSYLVANIA PRIMARY BALLOT ACCESS CASE 1914 VOTE FOR U.S. HOUSE PRESIDENTIAL PRIMARY CANDIDATES WHO GOT ON BALLOTS IN JANUARY MIKE BLOOMBERG PONDERS INDEPENDENT CANDIDACY GARY JOHNSON DECLARES FOR THE LIBERTARIAN NOMINATION LIBERTARIAN PARTY GAINS A NEVADA STATE LEGISLATOR REFORM PARTY CONVENTION CHART ON 2016 PETITIONING JILL STEIN LIKELY TO RECEIVE PRIMARY MATCHING FUNDS IN FEBRUARY SUBSCRIBING TO BAN WITH PAYPAL

U.S. DISTRICT COURT ENJOINS CONNECTICUT BAN ON OUT-OF-STATE CIRCULATORS

On January 27, U.S. District Court Judge Janet C. Hall, a Clinton appointee, enjoined the Connecticut law that bans out-of-state circulators. Libertarian Party of Connecticut v Merrill, 15-cv-1851.

The opinion says, “The Party is substantially likely to succeed on the merits of a facial challenge to the statutes at issue.” Technically, the law has not yet been declared unconstitutional, but the injunction could not have been granted if the judge didn’t believe the law is void.

The Libertarian Party was represented by the American Civil Liberties Union. The ACLU had been negotiating with the state for months before the lawsuit was finally filed on December 22, 2015. The ACLU had been trying to persuade the state to admit the law was unconstitutional, to avoid the necessity for filing a lawsuit. In the end, the state decided to try to defend its law. But, as a result of the injunction, it is likely the state will agree that the law is unconstitutional, and further proceedings may not be needed.

New Jersey and New York are now the only states that still ban out-of-state circulators for minor party or independent candidate petitions. Also South Dakota permits out-of-state circulators for petitions to create a new party, but bans them for petitions to place independent candidates on the ballot, and for petitions to put minor party candidates on that party’s own primary ballot.

MICHIGAN ENDS STRAIGHT-TICKET

On January 5, Michigan Governor Rick Snyder signed SB 13, eliminating the straight-ticket device. The legislature had passed the bill on December 16.

PROCEDURAL WIN IN SOUTH DAKOTA BALLOT ACCESS CASE

On January 26, U.S. District Court Judge Karen Schreier issued a procedural ruling in Libertarian Party of South Dakota v Krebs, 4:15cv-4111. This is the case that challenges South Dakota’s March petition deadline for newly-qualifying parties.

The order says the Libertarian and Constitution Parties do have standing. It also gives them permission to amend their Complaint,…

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