The Sixth Circuit is still considering the rehearing request filed in the Michigan Socialist Party ballot access case on June 5. The case is Erard v Michigan Secretary of State, 14-1873. The Sixth Circuit had upheld the Michigan law on May 20. It is somewhat encouraging that the court hasn’t already denied the request; often requests for reconsideration are denied within two weeks or so.

The lawsuit challenges the part of the Michigan law that requires approximately twice as many signatures for a new party to get on, compared to the number of votes needed for an old party to remain on. For 2016 a new party needs 31,519 signatures, but in 2016 parties will only need 16,491 votes to remain on. The Democratic, Republican, Libertarian, Green, Constitution, and Natural Law Parties are already on.

Erard is a pro se litigant, so he can only represent himself. Therefore the Socialist Party is not a co-plaintiff, but the court has never suggested that Erard (a past Socialist Party nominee for public office) has a standing problem.