On September 5, the plaintiff-political parties in the Pennsylvania ballot access case asked for a rehearing in Rogers v Cortes. The issue is whether groups that meet the state’s definition of “party” can be forced to submit petitions for their nominees. The petition for rehearing notes the factual errors in the 3rd circuit’s original decision of August 23, and also hits hard at the 3rd circuit’s claim that there is a state interest in keeping candidates off the ballot who are not “viable”. The U.S. Supreme Court has never said that, and has rebutted the idea that just because a party is unlikely to win, that therefore it is proper to keep it off the ballot.