In 2005, the Oregon legislature passed a law making it illegal for a voter to both vote in the primary, and sign for an independent candidate. An Oregon voter, Greg Wasson, then filed a federal lawsuit against the new restriction. In 2006 the U.S. District Court ruled that Wasson didn’t have standing to file the case, but that in any event, what the Oregon legislature had done is constitutional.

Wasson appealed. On March 5, 2009, the 9th circuit ruled that Wasson indeed does not have standing. Then, it went on to say that since Wasson lacked standing, the U.S. District Court should not have expressed any opinion on whether the Oregon restriction is constitutional or not. The 9th circuit erased the District Court opinion. This means that if, in the future, an independent candidate files a lawsuit against the Oregon restriction, the matter will be considered as though the Wasson lawsuit had never been filed.

The Coalition for Free & Open Elections (COFOE) had filed an amicus curiae brief in the 9th circuit, pointing out that the U.S. District Court should not have expressed itself on the merits after having found that Wasson lacked standing. COFOE thanks volunteer Dan Meek for his excellent work, and also for this news. The 9th circuit opinion is only 3 pages long.