The U.S. Supreme Court conference of Friday, January 22, will consider Erard v Johnson, the Michigan Socialist Party’s ballot access case. The issue is Michigan law that requires newly-qualifying parties to show approximately twice as much support to get on the ballot, as old parties must show to remain on.
However, the January 22 conference date may simply decide whether the case was timely filed. There is a dispute as to whether it was filed in time. The case number at this point is 15M76.
What’s the timeliness issue, Richard? Wouldn’t this be a situation that could evade review (in a given cycle) but would be likely to recur?
I meant “timeliness” to refer to whether Matt Erard filed his cert petition by the US Supreme Court deadline. It sounds as though it would be simple to know if a brief had been filed by a court deadline, but it can be very complicated.