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The Denver Post Reports on Presidential Nomination Situation Between National and Colorado State Libertarians

The Denver Post recently covered the situation surrounding the Libertarian Party of Colorado and conflicting efforts to place either the campaign of Libertarian nominee Chase Oliver or independent candidate Robert F. Kennedy Jr. on the state party’s ballot line.

Earlier this week, Independent Political Report initially reported that Libertarian National Committee Secretary Caryn Ann Harlos signed a certificate of nomination stating Chase Oliver and Mike ter Maat, who were selected at the Libertarian National Convention in May, are the presidential ticket of the Libertarian Party. Harlos shared that the certificate was later delivered to the Colorado Secretary of State’s office, although she did not say she was responsible for the delivery. This came after the Libertarian Party of Colorado announced it would put independent Robert F. Kennedy Jr. and Nicole Shanahan on the state ballot under the Libertarian Party line.

However, a recent article by the Denver Post on Wednesday provides additional context surrounding the situation developing in Colorado not previously known. Notably, the Post states that supporters aiming to place Oliver and ter Maat on the state ballot have completed filing most of the required paperwork. However, they have yet to file the paperwork listing the presidential electors for the ticket.

Editorial note: According to the 2024 Candidate Qualification Guide maintained by the Colorado Elections Division’s Ballot Access Unit, following the national party nominating convention, a party must submit a certificate of nomination with the names of the presidential ticket and the ten presidential electors. For minor parties, candidate acceptances of the nomination should also be submitted.

Furthermore, the Libertarian Party of Colorado reportedly plans to submit its own nomination paperwork to include Kennedy and Shanahan on the ballot, placing the Secretary of State’s office in an unprecedented situation. It’s not yet known what will happen if both sides attempt to submit completed paperwork for a Libertarian slate by the September 6 deadline.

Jack Todd, a spokesman for the Colorado Secretary of State’s office, told the Post that the office has never had different levels of the same political party competing over different presidential tickets, and he was unaware of any other such similar situation elsewhere. Todd said in a statement that applicable state law “is silent on intra-party conflicts regarding candidate nominations,” indicating that the dispute may have to be resolved in court. He also used language suggestion that either side could potentially submit completed paperwork.

“A single party may not place multiple candidates for president and vice president onto the Colorado ballot,” he added. “The Secretary of State’s Office will accept complete paperwork from a branch of the Libertarian Party when it is submitted.”

13 Comments

  1. LG July 17, 2024

    It’s like AZ and OR all over again 🙂

  2. Nuña July 12, 2024

    “I hope the Colorado LP, Caryn Ann Harlos, and Angela McArdle enjoy their three-way fight in court over it”

    McArdle has already said she will not allow Harlos to drag the national party into a legal battle. So unless the Oliver campaign decides to try and sue the national party or McArdle directly – For what? Giving him too little support? Hah! Good luck with that suit – any fight that happens is likely to be an internal LPCO affair. But we’ll see. As you say, actual libertarians won’t be harmed, because actual libertarians haven’t been involved in the Libertarian Party since at least 1988, if ever.

  3. SocraticGadfly July 12, 2024

    Side note, not limited to Colorado, about Brainworm Bobby.

    In an interview with the Boston Globe, when the questioning turned to that Vanity Fair article of a week or so ago and sexual abuse allegations it raised? RFK Jr was asked if more such allegations could be forthcoming and he said: “I don’t know.” Spoken with confidence!

    (I personally predicted, along with others on Twitter, that when Shanahan was named his VP, that current wifey Cheryl Hines needed to be checking if she had a prenup in place.)

    https://archive.ph/ynodZ

  4. SocraticGadfly July 12, 2024

    Curious, I expect that, too!

    Libertarian-vs-Libertarian lawsuit? Getcha popcorn!

  5. Curious July 12, 2024

    Observer is nearly as cynical about the whole thing as I am? No LP ticket certified while it’s tied up in court is both the correct and most likely result?

  6. Observer July 12, 2024

    Thanks for the info, Jordan.

    It seems then the question is which entity is the qualified political party in Colorado: LPCO or LNC. But that doesn’t seem terribly ambiguous. It’s LPCO. Every other reference in state law is clearly talking about the state party. The LNC as such has no state law status at all. While it’s understandably confusing for the SOS dealing with a novel situation (because this whole thing is a farce, as is the LP as a whole), the straightforward answer would be LPCO is the only entity with any standing as a qualified party under CO law. Caryn Ann’s filing apparently doesn’t represent the LNC, anyway, at least according to its own Chair. Which would mean she doesn’t actually represent either potential party here. She’s just some random person. But even if she did represent the LNC, the LNC is not a Colorado political party qualified for ballot status.

    On the other hand, RFK apparently doesn’t want LPCO’s nomination, and has already filed his own independent petition. CO does not allow fusion. So the SOS on the one hand has a facially valid filing, if Caryn Ann could represent LPCO except she doesn’t, and on the other hand there’s no possibility of a valid filing for Kennedy from LPCO. Correct result would therefore be nobody has properly filed a Libertarian nominee and no candidate should appear on the ballot as a Libertarian in Colorado.

    In any event, I hope the Colorado LP, Caryn Ann Harlos, and Angela McArdle enjoy their three-way fight in court over it, a fight in which it’s guaranteed no actual libertarians will be harmed. Rooting for sepsis in a knife fight would be the healthy attitude here.

  7. Actually July 11, 2024

    The filled out certificate of nomination was on CAH Twitter, and she did not get electors yet, but could, in conjunction with the campaign.

  8. Jordan Willow Evans Post author | July 11, 2024

    Observer, I’ve added in a link to the 2024 Candidate Qualification Guide maintained by the Colorado Elections Division’s Ballot Access Unit for clarity on the actual process. According to the guide, a minor party that nominates its candidate via convention must submit a certificate of nomination with the names of the presidential ticket and electors, as well as candidate acceptances of those nominations.

    Since the Oliver campaign was reportedly also in touch with their office, I assume that was related to the latter, which makes me think based on what else has been said, the names of the electors were not listed on the signed certificate of nomination. The guide also cites the relevant C.R.S. section for reference. However, it’s strange—I cannot find a copy of the certificate of nomination form on the state list of ballot access documents, even though it makes clear references to it in the language. I’ve found plenty of certificate of designation by assembly forms intended for down-ballot positions, and they do say that either the chair or secretary can sign such a form.

  9. Actually July 11, 2024

    The presidential ticket can get its own electors. It does not require the cooperation of the state party.

  10. Joe Buchman July 11, 2024

    The national party secretary – of ANY national party – clearly does not have the authority to choose the slate of electors in each or any one of the 50 states.

    The LNC”s so-called secretary just simply created another dramatic sideshow, perhaps in another attempt to drive more viewers to her YouTube channel and continue to monetize her position.

    I would very much like to see Chase Oliver and Mike ter Maat on the ballot in Colorado, but in my opinion this is a self-serving distracting sideshow, at best.

  11. Observer July 11, 2024

    I’d be curious if anybody can point to the relevant Colorado statute about how qualified parties put their presidential nominees on the ballot. Even if it’s ambiguous on who the forms come from, it would shed some light on if it’s just the one certificate needed or some additional paperwork.

  12. Observer July 11, 2024

    SOS spox says they “will accept complete paperwork from a branch of the Libertarian Party when it is submitted.”

    That suggests that whatever Caryn Ann already submitted isn’t “complete” and sufficient regardless of if that particular form is valid coming from her. That it takes something more than just that certificate of nomination.

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