Libertarians score ballot spots

JOSEPH TURNER; The News Tribune

The Libertarian Party candidates for U.S. Senate and governor will appear on the Nov. 2 general election ballot even though they got less than 1 percent of the vote in the September primary election.

Thurston County Superior Court Judge Richard Strophy on Wednesday ordered Secretary of State Sam Reed to put the names of J. Mills, candidate for Senate, and Ruth Bennett, candidate for governor, on the November ballot.

Strophy said the requirement that they receive at least 1 percent of the total votes cast in their respective races should not be applied to them because it was unconstitutional.

However, Strophy's ruling won't apply to other Libertarian candidates who failed to meet the 1 percent threshold because they were not named in the lawsuit.

Three Libertarians in legislative races also got less than 1 percent of the vote.

The Libertarian Party sued Reed because he refused to put Mills and Bennett on the ballot.

Mills fell 100 votes short of the 1 percent threshold, while Bennett and fellow Libertarian Michael Nelson split the vote in the governor's race and both fell short.

The state won't appeal Strophy's ruling because officials don't want to risk delaying the printing of ballots and voter guides for the general election, said Jeff Even, the assistant attorney general who represents Reed.

"If you appeal, you continue the argument," Even said.

Pierce County Auditor Pat McCarthy said she has to send ballots to the printer this week or they might not be mailed out in time for military and overseas voters to get them and send them back.

Mills had asked for a recount of votes in Pierce, King and four other counties that used a consolidated ballot.

He said the software used to tabulate ballots in those counties had not been properly certified and could have under-counted votes for him.

Strophy raised concerns about the software, but did not rule on whether it was properly certified, said Richard Shepard, attorney for the Libertarians.