On August 31, a California trial state court in Alameda County ruled that an Oakland initiative should remain on the ballot. It asks voters if they wish to allow permanent resident alien adult voters vote in Oakland School Board elections. Some voters had sued to remove it from the ballot. But the judge said it is customary to consider the constitutionality of ballot measures only after the election is over.
The Coalition for Free & Open Elections (COFOE) has filed this amicus curiae brief in Cowen v Raffensperger, 22-101. This is the Georgia case on ballot access for minor party and independent candidates for U.S. House.
Massachusetts election officials have validated the statewide petitions of the Libertarian and Green Parties. In addition, the Libertarian petition for one U.S. House candidate also has enough valid signatures.
On August 29, in an administrative proceding, Terpsichore Maras was removed from the Ohio ballot as an independent candidate for Secretary of State. See this story. She had been the only statewide independent or minor party candidate on the Ohio November ballot this year.
BAN had previously believed that California and Kentucky were the only states (that have statewide races in 2022) who would have a Republican-Democratic monopoly on the ballot for all statewide races. But now it seems that Ohio will also be one of those states. Thanks to Kevin Hayes for the link.
A challenge is currently pending in the Seventh Circuit to the Illinois 5% petition (of the last vote cast) for independent candidates for U.S. House. The state’s brief was originally due June 30, but three times, the state has asked for more time. It was to have been filed by August 1, and then it was to have been filed August 31. Now the state has received a third extension, and its brief is due September 30. The case is Gill v Scholz, 22-1653. This is the oldest pending constitutional ballot access case in the nation. It was filed in 2016.
