U.S. District Court Judge Yvette Kane has set a hearing in Baldwin v Cortes for September 10, at 10 a.m in Harrisburg. This case argues that the Pennsylvania petition deadline of August 1 is unconstitutional, not only because it is too early under Anderson v Celebrezze, but also because the state legislature never created that deadline. Under the U.S. District Court decisions in Ohio earlier this year, Article II of the U.S. Constitution requires that ballot access laws relating to presidential elections must be passed by state legislatures. The Constitution says, “Each State shall appoint, in such manner as the Legislature thereof may direct, a Number of Electors.”

The August 1 petition deadline was set in 1984 in an out-of-court settlement by the Commissioner of Elections. The Libertarian Party, and the Communist Party, had both sued Pennsylvania in 1984 over its May petition deadline. The state agreed that it could not defend the law in court, so promised to accept minor party and independent candidate petitions up until August 1. The legislature has never amended the law, which continues to say that these petitions are due in May during presidential election years, and April in other election years.