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  Ballot Access News is edited and published by Richard Winger, the nation's leading expert on ballot access legal issues.

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Associated Press Comprehensive Story on Minor Party Ballot Access in Tennessee

Published on September 16, 2014,

This Associated Press article by AP reporter Travis Loller gives an unusually comprehensive account of Tennessee’s history of hostility toward minor parties. It also reveals that there is still no decision on whether the Libertarian Party’s nominee for Governor this year will be on with the ballot label “independent” or “Libertarian.”

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Arizona Independents Mostly Chose to Vote in Republican Primary

Published on September 16, 2014,

Arizona has semi-closed primaries, which means that independents can choose any party’s primary ballot, but party members are confined to voting in the primary of their own party. According to this story, last month, 70% of the independent voters who chose a partisan ballot chose a Republican ballot. The article does not say what percentage chose a Democratic primary ballot, and what percentage chose a Libertarian ballot, and what percentage chose an Americans Elect ballot.

Probably the missing data is available on the Secretary of State’s web page, but internet access is so poor from my vacation location, I can’t do that research. If anyone finds the information, please comment.

As to the problem that some recent posts say “comments closed”, that is an intended problem that ought to be correct soon, I hope.

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Virginia Libertarian Lawsuit on Ballot Order Survives State’s Motion to Dismiss

Published on September 16, 2014,

On September 15, U.S. District Court Judge Robert E. Payne denied Virginia’s request to dismiss the Libertarian Party’s lawsuit challenging Virginia’s law on the order of candidates on general election ballots. The law says the nominees of the qualified parties always have the top spots on the ballot.

There will be another hearing on October 28 at 2 p.m. No matter what happens, the case won’t affect this year’s ballot.

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Kansas Poll Shows Independent Candidate for U.S. Senate Leading

Published on September 16, 2014,

On September 16, Public Policy Polling released a poll for several races in Kansas. The results for U.S. Senate are: independent Greg Orman 41%; Republican incumbent Pat Roberts 34%; Democrat Chad Taylor 6%; Libertarian Randall Batson 4%; undecided 15%.

See here for the full results, including gubernatorial results that show the Libertarian at 7%. If the Libertarian running for Governor, Keen Umbehr, does get as much as 5%, the Libertarian Party will qualify for its own primary for the next four years. No party, other than the Democratic and Republican Parties, has had its own primary in Kansas since 1954. Before 1955, all qualified parties in Kansas nominated by primary. The 1954 primaries were for the Democratic, Republican, Prohibition and Socialist Parties. Thanks to PolitcalWire for the link.

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New Jersey Voters Who Oppose Partisan Primaries File Appeal

Published on September 16, 2014,

On September 9, the plaintiffs in Balsam v Guadagno filed a notice of appeal to the Third Circuit. This is the case in which some New Jersey voters argue that the U.S. Constitution does not permit governments to pay for the expenses of partisan primaries. In the Third Circuit the case is 14-3882. The U.S. District Court had upheld the New Jersey law that pays for partisan primaries.

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Kansas Supreme Court Web Page Allows Anyone to Hear Today’s Election Law Oral Argument

Published on September 16, 2014,

On September 16, the Kansas Supreme Court will hear the case over whether the Democratic Party may withdraw its nominee for U.S. Senate, Chad Taylor. The oral argument starts at 9 a.m. Kansas (central) time. Anyone may hear the oral argument online at kscourts.org/kansas-courts/supreme-court/arguments.asp.

This is an important case for those who believe in the rights of political parties to make their own decisions about nominees. The Kansas Democratic Party doesn’t wish to have its own nominee for U.S. Senate because it is supporting independent candidate Greg Orman.

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