On February 21, Pennsylvania filed this brief in West v Pennsylvania Department of State, w.d., 2:24cv-1349. The issue is the discriminatory law that requires petitioning presidential candidates to file sworn declarations of candidacy for each presidential elector candidate, and also requires a full slate of presidential elector candidates. However, parties that have registration membership of 15% of the state total need not file any declarations for any of their elector candidates.

The state makes no defense of its policy. Its brief only sets out procedural reasons why the case cannot continue, such as mootness and the Eleventh Amendment.