The U.S. Court of Appeals, D.C. circuit, has set a briefing schedule in Libertarian Party v D.C. Board of Elections, the case over whether election officials must count the votes cast for a declared write-in candidate for President. The three briefs should all be filed by October 25.

The case arose in 2008, when Bob Barr qualified for write-in status, in accordance with the D.C. Board of Elections’ own regulations. In order to achieve write-in status, Barr had to file the names and declarations of candidacy of three candidates for presidential elector. No other presidential candidate complied with this procedure. But the Board still wouldn’t tally his write-ins. The U.S. District Court then ruled that the government interest in saving money and trouble is more important than the right of voters to have their votes counted.