By: Ben Smith

A lawyer for New York Mayor Michael Bloomberg has privately advised him that he isn’t required to take any action in response to the move by a small party to put him on the general election ballot in a key state.

A memo from Bloomberg lawyer Amy Neuhardt of Boies, Schiller & Flexner  "addresses whether Mayor Bloomberg must take any action in response to [the Independent Greens of Virginia's] success in submitting Bloomberg’s and Rep. Ron Paul’s name.

"There does not, however, appear to be any requirement that the ultimate candidates for president and vice-president file any certification of candidacy," the memo says.

Bloomberg’s lawyer is now seeking to confirm with Virginia officials that "Mayor Bloomberg has no obligation to act one way or the other in response to the successful petition of the Independent Greens of Virginia.’

The implication of the memo is that Bloomberg is considering remaining on the ballot in a a pivotal state and the site of recent, close partisan elections. It’s a move that could draw votes away from one of the nominees — though it’s not immediately clear whom — and offer Bloomberg a continuing platform. (Who will be helped by remaining on the ballot is unclear in part because the party could substitute a more clearly partisan figure — say, Ralph Nader — if Bloomberg withdraws.)

Bloomberg is at an energy summit in Las Vegas today with Bill Clinton, T. Boone Pickens, and Harry Reid.

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