The Third Circuit has tentatively set March 17 as the hearing date in Constitution Party of Pennsylvania, et al v Cortes, 10-3205. This is the case that challenges the Pennsylvania system of subjecting petitioning groups and candidates to fees of up to $110,000 if they submit a petition that is found to lack enough valid signatures. The case also challenges the state’s failure to tally write-ins for most write-in candidates, the failure of some counties to count any write-ins, and the law that requires a party to hold registration membership of 15% of the state total, in order to be on the ballot without petitioning.

Here is the 21-page reply brief of the political parties, in response to the judicial defendants. This is the substantive brief, although it discusses only the first issue (the money issue). Here is the 9-page reply brief of the political parties, in response to the executive branch defendants. The U.S. District Court in this case refused to rule on any of the points, so the main thrust of these briefs is to ask the 3rd circuit to send the case back to the U.S. District Court. Most interesting is footnote one in the longer brief, which discusses the real consequences of Pennsylvania’s policy concerning fees.