Illinois State Trial Court Grants Preliminary Injunction in Republican Ballot Access Case

On May 22, an Illinois state trial court granted a preliminary injunction against the State Board of Elections, keeping the traditional Illinois “slating” process in effect for the time being.  The “slating” process is a method for qualified parties to nominate someone after the primary, assuming the primary didn’t nominate anyone.  Collazo v Illiinois State Board of Elections, Sangamon County Circuit Court, 2024-CH-000032.

The case had been filed by some Republican candidates who had been slated by the Republican Party.  The lawsuit was necessary because the legislature this month had abolished the procedure and made that change effective immediately.

Michigan State Trial Court Orders Reinstatement of Michigan Libertarian Party Delegates to National Convention

On May 22, a Michigan state trial court issued a Temporary Restraining Order, ordering the Michigan Libertarian Party officers to reinstate the delegates to the national convention who had been dropped by the party’s Judicial Committee on May 18.  Buzuma v Chadderdon, Cheboygan County Circuit Court, 24-9042-cz.

There have been two factions of the Michigan Libertarian Party since 2022.  The Chadderdon faction had held a convention in March 2024 to select delegates to the national convention, which opens Friday, May 24, in Washington, D.C.  At the March 2024 convention, most of the delegates elected were members of the Buzuma faction.   Activists in the Buzuma faction had attended the meeting, even though it had been called by their intra-party opponents, and had largely prevailed in the selection of national delegates.  Then, on May 18, the Chadderdon officers had removed most of the delegates.

The court order says the original list of delegates must be resubmitted to the national party officers, and that after it is submitted, no further submissions are permitted.  It also says that failure to obey the court order will result in contempt of court.  The decision is partly based on two Republican Party intra-party lawsuits settled by Michigan state courts earlier this year, which established the precedent that Michigan state courts will act in such intra-party disputes.

Here is the two-page order, and the attached Complaint, along with copies of Bylaws.  Thanks to ThirdPartyWatch for the link.

Georgia Libertarian Party Asks to Amend Complaint in Georgia Ballot Access Case

On May 21, the Georgia Libertarian Party asked a U.S. District Court to amend its Complaint in Cowen v Raffensperger, n.d., 1:17cv-4660.  This is the case filed to overturn the Georgia law on how a candidate can get on the November ballot for U.S. House if the candidate is not the nominee of a party that polled 20% of the vote in the last election.  The law is so severe that even though it is 81 years old, no minor party candidate for U.S. House has ever been able to comply with it.

The Libertarian Party request to amend the Complaint notes that the Georgia law was recently changed to allow any minor party to be on for president if it is already on for president in 20 other states or territories.  This opens up the state for the Libertarian Party to argue that the entire Georgia ballot access scheme involving minor parties violates Equal Protection.  Minor party presidential candidates can be on in Georgia even if they have no support whatsoever inside Georgia.  By contrast, minor party nominees for all other partisan office are kept off the ballot with prohibitive petition requirements.  Even the statewide petition is so strict that no minor party has completed the statewide petition since 1996, when the Reform Party did it.  Although Pat Buchanan petitioned in 2000, he did so as an independent candidate, not as the Reform Party nominee.

Top-Two Initiative Qualifies for South Dakota Ballot

On May 21, the South Dakota Secretary of State determined that the initiative to establish a top-two system in South Dakota has enough valid signatures.  Proponents of the initiative call it an “open primary” proposal.  But past U.S. Supreme Court decisions, and all political science textbooks that talk about political parties, define “open primary” as a system in which each party its own primary ballot and its own nominees, but on primary day any voter can choose any party’s primary ballot.  Proponents of top-two systems believe that “open primary” is an appealing label, so they have bent it to their own purposes.

In top-two systems, there are no party nominees nor party primary ballots.  Instead every candidate runs in June and then only the two who get the most votes may run in November.  South Dakota is already one of five states that bans all write-in votes.

No top-two ballot measure has passed since 2010, when the California measure passed with 53.7% of the vote.  Since then the idea has been defeated by the voters in Oregon twice, Arizona, South Dakota, and Florida.  Proponents of top-two vastly outspent opponents in all those instances.