Libertarian Assoc. of MA v. Sec’y of the Commonwealth

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In 2008, candidates for the U.S. presidency and vice-presidency collected signatures on nomination papers throughout the Commonwealth. The papers bore the political designation "Libertarian." The candidates failed to secure the indorsement of the national Libertarian party at its convention. The Libertarian Association of Massachusetts contacted the Secretary of the Commonwealth and requested that the names of the persons who won the party indorsement be substituted for the names of the candidates listed on the nomination papers. The Secretary refused. The federal trial court held that G. L. c. 53, 14, which governs filling a vacancy where a candidate nominated for "state, city or town office" withdraws, dies, or otherwise becomes ineligible prior to election, was unconstitutionally vague. On remand, the judge stayed the vagueness claim pending a state court clarification. Plaintiffs then sought a state court declaration that section 14 provides a minor party, which does not qualify as a "political party" under Massachusetts law, a means to "substitute" the names of candidates chosen at its national convention for those listed on nomination papers. After deciding to resolve the case, despite it being moot, the Massachusetts Supreme Court held that section 14 applies to presidential electors. Although the section is not a model of clarity, it requires that all candidates gather signatures. View "Libertarian Assoc. of MA v. Sec'y of the Commonwealth" on Justia Law