Green Party will not appear on Nevada's ballot in November. Here's why

The Nevada Supreme Court barred the Green Party from the state’s November general election ballot, overturning a lower court ruling in the party’s favor.

In June the Nevada State Democratic Party filed a lawsuit alleging the Nevada Green Party submitted invalid signatures to appear on Nevada’s ballot. A District Court judge ruled against the Democratic Party, concluding that it failed to show that the Green Party did not comply with the petition requirements.

The Nevada Supreme Court in a 5-2 ruling on Friday reversed the lower court’s decision and ruled that the Nevada Green Party did not comply with the requirements for minority parties appear on the ballot.

Green Party presidential candidate Jill Stein blasted the decision in a statement, calling it a “win for Democrats’ war on democracy” and criticized Democratic Secretary of State Cisco Aguilar.

“This is a slap in the face to democracy, to the rule of law, and to millions of voters in Nevada who are being denied a real choice by the machinations of the corrupt political elite,” Stein said in the statement.

Minor parties seeking ballot access must first circulate a petition and gather signatures. The Green Party circulated a petition for ballot initiatives and referendums rather than a petition for minor party ballot access. The two forms differ in that the petition for minority party ballot access includes an attestation that each person signing it is a registered voter in the county of their residence, according to the Nevada Supreme Court ruling.

Declarations submitted by the Green Party did not show that the organizers were asking people if they were a registered voter in the county of their residence, the Nevada Supreme Court determined.

The Green Party said a secretary of state employee sent the campaign an incorrect sample petition. The court ruled, however, that a political party cannot use mistaken guidance received from a government entity as reason for not complying with the law. The employee also directed the party to the Minor Party Qualification Guide 2024 that included the proper guidance.

The Supreme Court majority justices found there was no evidence that the secretary of state’s office intended to mislead the Green Party.

Dissenting justices Douglas Herndon and Kristina Pickering argued the decision violates the party’s due process rights and is unfair to invalidate the Green Party’s signatures because of the secretary of state’s office’s “egregious” mistake.

Herndon wrote that it is unreasonable to expect a minor party to double-check the petition sent by the secretary of state’s office, which “is supposed to be the primary authority on elections in Nevada.”

“It also shocks the conscience, offends judicial notions of fairness, and contributes to a distrust in the election process in Nevada,” Herndon wrote, with Pickering concurring.

The Nevada secretary of state’s office did not return requests for comment. This is not the first time a mistake at the secretary of state’s office impacted a presidential candidate’s ability to appear on the ballot. Before he suspended his campaign, independent presidential candidate Robert F. Kennedy Jr. tried to get on the ballot, and his campaign was given inaccurate information by an employee at the secretary of state’s office.

Stein said Democrats made legal challenges in multiple states, and “it’s clear their goal is not only to try to deny a real choice to voters, but also to tie up our time, money, and resources in fighting these anti-democratic lawfare attacks.”

“Today they won a battle to prevent voters in Nevada from having a choice, but it won’t stop us from fighting to win over voters across the country who are disgusted with the Democratic Party’s war on democracy,” Stein said in the statement.

Nevada State Democratic Party Executive Director Hilary Barrett applauded the ruling.

“This ruling is a victory for Nevada voters and ensures that the Green Party plays by the same rules as other campaigns,” Barrett said in a statement.

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