Wednesday, March 1, 2017

Libertarian Party Asks Supreme Court to Hear Kentucky Case Over Definition of a Qualified Party

Thanks to Richard Winger of Ballot Access News for this post.

On February 28th, the Kentucky Libertarian Party asked the U.S. Supreme Court to hear Libertarian Party of Kentucky v Grimes, 16-1034.

The issue is the State’s definition of “Political Party.”

The only method to become a Qualified Party in Kentucky is to poll 2% of the Vote for President.

Thus, it is impossible for a group to ever become a Qualified Party in advance of any particular Election, and it is impossible for it to become a Qualified Party in a Midterm Year, or an Odd Year.

The only other State with this characteristic is Washington.

But the Kentucky Libertarian Party is now a Qualified Party, because it polled over 2% for President in November 2016, but that does not blunt the logic of the Party’s complaint.

The question is, since the Party did get 2% in 2016, would that cause them to not have “Standing” to Sue? Even though the logic of the complaint is still true, they are no longer directly harmed by the Rule.

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