For over two years, the Pennsylvania Constitution, Green and Libertarian Parties have been planning a lawsuit in federal court in Pennsylvania, to make the argument that Pennsylvania’s system of charging candidates tens of thousands of dollars if they try to get on the ballot and fail, violates the U.S. Constitution. That lawsuit is finally being filed, as soon as the post office delivers the paperwork to the U.S. District Court. The lawsuit will raise other issues as well, such as the persistent failure of certain Pennsylvania counties to tally any write-ins, and the failure of the state to tally the Cynthia McKinney write-in total last year even though most counties did report her write-ins.

The ballot access bill introduced earlier this year has been blocked by the failure of Senator Charles McIlhenny, chair of the Senate Government Committee, to set a hearing date. However, the well-organized Pennsylvania ballot access reform group is working hard to persuade Senator McIlhenny to set such a hearing.

In addition to this activity, the State Supreme Court will soon be rehearing the case, stemming from 2006, on whether the Green Party’s candidate for US Senate must pay over $80,000, given the misbehavior of the challengers who used state resources for their challenge.

Finally, there is another bill in the legislature, HB 1137, that would provide for a filing fee instead of a petition for any candidate. Rep. Kerry Benninghoff introduced it, and it is now in the House Government Committee. Unfortunately, it perpetuates inequality, by setting the filing fee for members of parties that nominate by primary (i.e., Democrats and Republicans) at a maximum of $2,000. But candidates of other parties, and independent candidates, would pay a fee equal in dollars to the number of signatures required by current law, so that in 2006, statewide minor party nominees would have needed a fee of $67,070 each.