On June 17, the Constitution, Green and Libertarian Parties asked U.S. District Court Judge Lawrence Stengel to put them on the November ballot with no further need for any legal briefs. Last month Judge Stengel had deferred to the 3rd Circuit on whether to grant such relief. His rationale was that the 3rd Circuit was still deliberating whether or not he had been correct when he struck down the Pennsylvania ballot access scheme. But then, on June 2, the 3rd Circuit had affirmed Judge Stengel’s earlier decision on the constitutional issue.
The brief outlines all the instances in the past when courts have put minor parties or independent candidates on the ballot without a petition, after various ballot access restrictions had been struck down. Even if you don’t normally read legal briefs, consider reading this one, especially the second half. The brief is twenty pages, followed by a short proposed order.
What century before ANY lawyer or judge has ANY operating brain cells able to detect that —
1. Every election is NEW.
2. Separate is NOT equal – esp. in election law cases. Brown v. Bd of Ed 1954
3. EQUAL ballot access tests for all INDIVIDUAL candidates for the same office in the same area.
I quickly perused it and it seems like they have a rock-solid case. My favorite part was the reference to Secretary Cortes stating the he will continue to enforce 2911(b), even though it’s been declared unconstitutional. How’s that for lawlessness?
This is getting ridiculous, just put us on the ballot already.
Richard- how do assess the prospects of this being successful?