There are many pending constitutional ballot access cases, but only one is moving quickly. That is State ex rel Fockler v Husted, pending in the Ohio Supreme Court. The government will file its response by January 5, 2017. The issue is the meaning of that part of the Ohio election code that says “any group of voters” who sponsor a candidate in the general election for Governor or President will have created a new party, if that candidate gets 3% of the vote.

Other states will pending constitutional ballot access cases are Alabama, Arizona, Arkansas, California, Georgia, Illinois, Maine, New York, Oklahoma, Pennsylvania, South Dakota, Tennessee, Texas, Virginia, and Washington.

Other constitutional pending election lawsuits related to minor parties include the two case on presidential debates, and the case on the order of candidates on the ballot. The major parties have lawsuits pending on the rules for their primaries in Hawaii and Montana. Lawsuits over the rights of presidential electors (filed by major party electors) are pending in California, Colorado, and Washington.