On April 14, the Massachusetts Libertarian Party filed this brief in the First Circuit, in Barr v Galvin, 09-2426. The issue is whether the Massachusetts Libertarian Party should have been permitted to use a stand-in presidential candidate on its 2008 ballot access petition. The U.S. District Court had ruled in 2008 that Massachusetts must let the party use a stand-in.

The state is unhappy with that decision, and it is trying to get it reversed. Of course, since the 2008 election is over, the only impact from the upcoming First Circuit decision will be on future elections.

Barr v Galvin is the first case on using stand-ins on petitions to reach any U.S. Court of Appeals. In the past, when various states have lost on this issue, they have not cared about the issue enough to appeal. States that have barred stand-ins, and been told by courts that they must permit them, besides Massachusetts, are Florida (twice) and Virginia.