Lawsuit Filed by Bernie Sanders Against Democratic Party Delayed by Dispute Over Whether Plaintiffs Properly Served Defendants

On June 23, 2016, supporters of Bernie Sanders sued the Democratic National Committee over a belief that the national party had not been neutral in the race for the Democratic presidential nomination. On August 23, a hearing was held in the case, Wilding v DNC Services, southern district of Florida, 0:16cv-61511. But the only issue was whether the plaintiffs had properly served the defendants.

During the two-hour hearing, Judge William Zloch permitted the plaintiffs to show a video film clip of the server serving someone in the party office. The party argues that the person who received the papers was not authorized to accept the papers. The day after the hearing, both sides submitted briefs on the service issue. Supporters of the lawsuit have a facebook page which has more detail.

Illinois State Board of Elections Removes the Only Libertarian for U.S. House who filed This Year

Although the Libertarian Party’s three statewide candidates are safely on the Illinois ballot this year, the only Libertarian who petitioned for U.S. House was removed from the ballot on August 26. He is Joseph Schreiner, running in the 16th district in north central Illinois. As a result, there is only one candidate on the ballot, incumbent Republican Adam Kinzinger.

Schreiner submitted a very small number of signatures, so the recent decision in David Gill’s case is of no help to him. But Schreiner would have remained on the ballot, except that two individuals named Chris Brown and Barry Welbers challenged his petition.

Reply Brief Filed in South Dakota Ballot Access Case on Whether Constitution Party Nominees for U.S. Senate and Legislature Should be on Ballot

On August 26, the South Dakota Constitution Party filed this reply brief, in its lawsuit over whether its nominees for U.S. Senate and state house should be on the ballot. Unless relief is granted, South Dakota won’t have any minor party candidates on the ballot in November for any office except president.

Illinois Appeals Decision on Number of Signatures for U.S. House Independent Candidates

On August 26, attorneys for the Illinois State Board of Elections appealed the August 25 decision in Gill v Scholz. This is the case over the requirement that independent candidates for U.S. House submit a petition equal to 5% of the last vote cast, for U.S. House. In the 7th circuit, the case is 16-3279.

Also on August 26, the state asked the U.S. District Court Judge to stay her own order that put David Gill on the ballot, but later in the same say she refused.

Virginia Receives Four Presidential Petitions

The Virginia deadline for independent presidential petitions, and the presidential nominees of unqualified parties, is August 26. The state received four petitions that may have enough valid signatures: for Rocky De La Fuente, Gary Johnson, Evan McMullin, and Jill Stein. Because most of the Johnson signatures were turned in early, the state has already determined that Johnson petition is valid. The state is still working on checking the Stein, McMullin, and De La Fuente petitions.

The Constitution Party submitted a petition, but it has already been held not to have enough valid signatures, because the number of signatures was below 5,000, and the requirement is 5,000.

Since November 1997, the only ballot-qualified parties in Virginia have been the Democratic and Republican Parties.