Voting Blogs: U.S. Court of Appeals Says Government Never Needs to Count Write-in Votes | Ballot Access News

On June 8, the U.S. Court of Appeals, D.C. Circuit, issued a short, thoughtless opinion in Libertarian Party v District of Columbia Board of Elections. It says that because the U.S. Supreme Court in 1992 said that the U.S. Constitution does not require states to print write-in space on ballots, therefore it follows logically that if governments do allow write-in space, the same government can refuse to count them.

California: Minor parties facing extinction under new voting system | San Jose Mercury News

They’ve been a colorful part of California’s political landscape for decades — Greens, Libertarians, American Independents and members of the Peace and Freedom Party. But after Tuesday’s election, most of them will be all but invisible — and perhaps on their way to extinction. In past years, minor parties held their own primary elections to choose nominees who would go on to compete with Democratic and Republican nominees in general elections. But that’s no longer the case under California’s new “top two” primary system, in which all voters choose from among all candidates of all parties — and only the two candidates who get the most votes advance to November, regardless of party. Because minor party candidates rarely finish in the top two, and it’s now harder for their candidates to get on the primary ballot in the first place, the parties will have little or no presence on the general-election ballot. And in politics, invisibility means oblivion. “It could spell the end of the Peace and Freedom Party,” said party chairman C.T. Weber, 71, of Sacramento. “It’s a shame that democracy is being undermined by this, but that’s the reality if we’re not able to overturn the law.”

Virginia: ACLU challenges ballot access law | Richmond Times-Dispatch

The American Civil Liberties Union has filed suit in U.S. District Court, challenging Virginia’s statewide ballot access rules for minor-party presidential candidates. The ACLU Voting Rights Project and the ACLU of Virginia filed suit on behalf of the Libertarian Party of Virginia, challenging the Virginia law that imposes a state residency requirement on people who circulate ballot petitions. The party needs to collect 10,000 valid signatures — at least 400 from each of the state’s 11 congressional districts — by Aug. 24 to qualify for the general election ballot in November. The Libertarian Party’s presidential nominee is Gary Johnson, who, as a Republican, was governor of New Mexico from 1995 to 2003. The ACLU is seeking an injunction, saying the Libertarians will suffer “irreparable harm” if they cannot use people from out of state to circulate ballot petitions in Virginia.

Montana: Secretary of State Won’t Let Libertarians Choose a U.S. Senate Nominee | Ballot Access News

Montana’s primary in 2012 is on June 5. Parties entitled to nominate by primary are the Democratic, Republican, Libertarian, and Americans Elect Parties. When filing closed for this year’s primary, two Libertarians had filed to run for U.S. Senate in the Libertarian Party. On March 20, Montana Secretary of State Linda McCulloch ruled that the Libertarian Party may not have a primary this year, and that she will print the names of both Libertarians on the November ballot. She made this decision, based on section 13-10-209(2). Before 2005, that section said, “It is not necessary to print a primary ballot for a political party which does not have candidates for more than half of the offices on the ballot in even-year elections if no more than one candidate files for nomination by that party for any of the offices on the ballot.”

Ohio: Ohio Libertarian Party sues secretary of state, wants parts of election overhaul overturned | AP/The Republic

The Libertarian Party of Ohio is suing the state’s election chief over provisions of a new law that they say will keep them off the ballot.

In a lawsuit filed Tuesday in federal court in Columbus, the party says parts of Ohio’s new election law are unconstitutional because they don’t give third parties enough time to collect signatures to get on the 2012 ballot.