Harry Browne/Art Olivier ticket
will appear on only 49 state ballots

        WASHINGTON, DC -- The Libertarian Party's drive to put 
presidential candidate Harry Browne on all 50 state ballots has fallen 
one short.

        Because of an unexpected legal setback in Arizona, Browne and 
vice presidential candidate Art Olivier will appear on the ballot in 
only 49 states and DC, LP National Director Steve Dasbach announced.

        "This is definitely a disappointment, since it breaks the 
Libertarian Party's streak of 50-state presidential campaigns," he 
said. "Even more regrettable, Libertarians in Arizona will not find the 
Browne/Olivier ticket on their ballot when they cast their votes in 
November."

        On September 22, a U.S. District Court in Phoenix, Arizona 
rejected a lawsuit filed by the Libertarian Party that would have 
placed Browne and Olivier on the state ballot as independents.

        Judge Robert Bloomfield dismissed the lawsuit, which sought to 
have the state's mid-June independent petitioning deadline ruled 
unconstitutional, on procedural grounds.

        "In his 32-page order, the judge devoted a single paragraph to 
the issue of the constitutionality of the deadline," said Dasbach. "The 
rest dealt with procedural issues. That's a shame, since no court has 
ever upheld such an early, unconstitutional filing deadline for an 
independent presidential candidate."

        The national Libertarian Party had been forced to launch a 
last-minute independent petition drive after one faction of the 
Libertarian Party of Arizona refused to guarantee that Browne's name 
would be placed on the ballot.

        Instead, in early September, that faction instructed the 
Arizona Secretary of State to place Colorado science fiction author L. 
Neil Smith on the ballot as the Libertarian Party candidate for 
president, and Nevada newspaper columnist Vin Suprynowicz on as vice 
president.

        "A nationwide search for potential candidates turned up two 
individuals of such undisputed libertarian principles that no other 
choice was possible," said Liz Andreason, the state chair of the 
maverick group. "We regret any confusion our nominee may cause to 
others throughout the country who may have expected Harry Browne to be 
the Libertarian nominee."

        Smith and Suprynowicz were selected, she said, "after a careful 
search for the most qualified libertarian candidates. We are delighted 
that Arizona voters will be able to cast their ballot for candidates 
who truly represent libertarian principles."

        Browne had won 77.2% of the vote in the Arizona Libertarian 
presidential primary on February 22. He also won a first-ballot victory 
at the Libertarian National Convention in July, with 56% of the vote, 
to become the party's presidential nominee.

        The national Libertarian Party recognizes a group chaired by 
Peter Schmerl as its Arizona affiliate, while Andreason's faction is 
recognized by the Arizona state government.

        As the state-sanctioned party, Andreason's group had the power 
to determine which presidential candidate was placed on the ballot.

        The Libertarian Party is recognized as a "major party" in 
Arizona, thanks to a registration drive in 1995, partially paid for by 
the national Libertarian Party, that boosted the number of registered 
Libertarians in the state over the 0.67% level. As such, the party can 
place its presidential ticket on the ballot with no additional 
petitioning.

        That major party status was one factor in the ongoing dispute 
between the two rival Libertarian groups, since they disagreed about 
the extent to which Libertarians should comply with state law that 
regulates the structure of political parties. The groups also had 
strong differences over political strategy and policy issues.

        The rivalry came to a head in mid-1999, after delegates at a 
bitterly divided state convention voted to merge the two groups. When 
Andreason's group brought a challenge to the Libertarian National 
Committee -- charging that delegates had violated the state party's 
bylaws -- the LNC disaffiliated both groups, saying it was no longer 
able to determine which one was the real state affiliate.

        In late 1999, the LNC conducted an advisory referendum so 
national LP members in Arizona could indicate which group they 
supported. After 64.7% chose Schmerl's group, it was affiliated by the 
LNC in November 1999.

        However, an Arizona court ruled in January 2000 that 
Andreason's group would be recognized by the state government, so the 
dispute continued.

        After the National Convention, when it became clear that 
efforts by the LNC to mediate an agreement between the two groups might 
fail -- and after Andreason's group threatened to not put Browne on the 
ballot -- the party decided to qualify Browne for the ballot as an 
independent, said Dasbach.

        "We didn't want to risk the chance that voters in one state 
would be unable to vote for the Browne/Olivier ticket simply because of 
an internal dispute in our party," he said. "Fifty-state ballot status 
was too important."

        The party collected more than 22,000 signatures at a cost of 
about $65,000 and submitted them on August 17.

        However, state law required independent ballot petitions to be 
turned in by June 14, so the party filed a lawsuit to overturn the 
filing deadline.

        "We were fairly confident we would win, since every prior court 
ruling has held that such early filing deadlines are unconstitutional," 
said Dasbach. "No court ruling had ever upheld a June filing deadline 
for independent presidential petitions."

        Dasbach said the party will probably file an appeal, but the 
case won't be heard until after the election.

        "We don't want this precedent to stand that June deadlines are 
acceptable," he said. "It will not matter in this election, but it 
could hurt us and other third parties in the future."

        Browne's campaign manager, Perry Willis, said the decision by 
some Arizona Libertarians not to put Browne on the ballot was 
regrettable.

        "That group has decided to ignore the Arizona presidential 
primary that gave Harry Browne 77% of the Libertarian vote, and to 
ignore the LP's choice at the national convention," he said. "It's up 
to the people involved to explain why they want to defeat the efforts 
of Libertarians all over the country -- who worked so hard to get the 
Libertarian nominee on every state ballot for the third presidential 
election in a row."

        The campaign will not attempt to qualify Browne as a write-in 
candidate in Arizona, said Willis, in an attempt to rise above any 
"intramural hostility" in the party.

        "To further party unity, we urge Arizona Libertarians to vote 
for L. Neil Smith for president, rather than writing in Harry's name," 
he said. "If Smith is the only Libertarian presidential candidate 
printed on the Arizona ballot, it makes sense to pile up as many votes 
as possible for him." 

        Browne's 49-state ballot status will almost certainly have some 
negative impact on the outcome of the election and the amount of press 
coverage the campaign receives, said Dasbach.

        "We've lost one of the few unique hooks we had to try to get 
Harry Browne more media attention -- that he would be the only third-
party presidential candidate on all 50 states, plus DC," he said. 
"That's got to hurt us.

        "However, the real losers in this situation are the rank and 
file Libertarians in Arizona, who will not find the candidates of their 
choice on the ballot."

        None of the other major third party contenders this year -- the 
Reform Party's Pat Buchanan or the Green Party's Ralph Nader -- will 
qualify to be on the ballot in all 50 states plus DC.

        This election will mark the first time since 1988 that the 
Libertarian Party's official presidential candidate is not on all 50 
state ballots (plus DC).