On October 27, the Massachusetts Secretary of State filed this 20-page brief in the Massachusetts Supreme Judicial Court, in Libertarian Association of Massachusetts v Galvin, SJ-2011-0348. This is the lawsuit on whether the existing law does or does not provide for presidential stand-ins. Earlier this year, the First Circuit had said there is no federal constitutional right for presidential stand-ins, but had suggested that the Massachusetts state courts should settle whether the law does in fact permit it.

Although the Secretary of State’s brief is fairly lengthy, nowhere does it acknowledge that the law was interpreted to permit stand-ins, at least for vice-president, in 1980, 1996, 2000, and 2004. The brief claims that the Supreme Judicial Court should not hear the case because the Libertarian Party lacks standing and there is no ongoing case or controversy. The brief does admit that in 2007, the Secretary of State told the Libertarian Party that if the party intended to use a stand-in presidential candidate, that the Secretary would prepare a form that allows members of the party to request the substitution of the stand-in presidential candidate. See footnote 5 on page nine of the brief.