The U.S. Court of Appeals, 3rd circuit, has set out a briefing schedule for Constitution Party, et al v Cortes, 10-3205.  The opening brief is due October 19.  This is the case that challenges the Pennsylvania system of charging candidates huge fees if they submit a petition that is insufficient.  It also challenges the 15% registration threshold for a party to be on the ballot automatically, and the failure of many counties to count write-in votes, and the failure of the state Elections Department to tally the write-ins that do get counted.

The U.S. District Court had ruled that the case is not ripe and that the plaintiffs do not have standing, a finding that is ludicrous, given what has happened this month to all the statewide minor party petitions.

The 3rd circuit had originally proposed an even earlier briefing schedule, but the attorney for the minor parties had to ask for more time, because of the press of other election law litigation he is doing.