On November 30, the Washington Secretary of State said the Libertarian Party is not a ballot-qualified party, even though 5% for president gains that status and even though her web page says Gary Johnson got 5.01%. Even though the Washington Secretary of State has not reported any presidential write-ins since 1992, or even acknowledged the existence of any presidential write-ins since 1992, now she says the write-ins (the number of which she has not revealed) will pull Johnson’s percentage below 5%.

It is likely the Libertarian Party will sue, because the presidential write-ins are not valid, because they are not in support of any particular slate of candidates for presidential elector. The party may also ask the legislature to lower the vote test. The median vote test of the 50 states is 2%.