On May 28, the plaintiff in the pending federal Michigan ballot access case, Matt Erard, filed for reconsideration in U.S. District Court. The chief issue is whether Michigan unconstitutionally discriminates against newly-qualifying parties, relative to old parties. The number of signatures required for new parties to get on the ballot is approximately twice the number of votes needed for old parties to remain on the ballot. Erard is a Socialist Party candidate, although technically the Socialist Party is not a co-plaintiff. The case is in the eastern district, 2:12cv-13627.

The request for reconsideration was made because the initial U.S. District Court decision of May 14, upholding the law, appears to have some factual errors, and also seems to overlook key precedents.