On December 3, the Georgia Libertarian Party filed this brief in Cowen v Raffensperger, 21-13199. This is the case over the 5% petition for independent candidates, and the nominees of parties that didn’t poll 20% for president in the entire US or 20% for Governor of Georgia, for district and county office. The U.S. District Court had struck it down.
All the briefs are now in, and the hearing will be December 17.
On November 29, James R. Adams filed a second amended Complaint in Adams v Carney, 1:20cv-1680. This is the case over the Delaware law that says no one may serve on an important state court unless he or she is a member of one of the two largest parties. Adams is an independent.
Adams already won this case earlier, but then the state appealed and the U.S. Supreme Court ruled that he didn’t have standing because he hadn’t specifically said he wanted to be a judge. In his latest complaint, he makes it clear that he does want a judicial appointment.
Oklahoma has three qualified parties, Republican, Democratic, and Libertarian. In Oklahoma, all qualified parties nominate by primary. All parties are expected to tell the state whether they wish to let independent voters vote in their primaries. The decision is always made in early December of odd years. This year, the three parties retained the same rules they had in 2020. The Democratic Party will again let independents vote in their primaries; the Republican and Libertarian Parties will not. Thanks to Tony Roza for this news.
On November 26, the New York Libertarian and Green Parties filed this reply brief in Libertarian Party of New York v New York State Board of Elections, 21-1464. The issues are the hostile changes made in 2020 to the ballot access laws for minor parties and statewide independent candidates. The Second Circuit will decide whether to enjoin any or all of the 2020 changes. If the Second Circuit agrees to an injunction, the Libertarian, Green, SAM, and Independence Parties would be back on the ballot for 2022.
The Ninth Circuit will hear Pierce v Jacobsen, 21-35173, on February 9, 2022. This is the case over Montana’s ban on out-of-state circulators for initiatives. The U.S. District Court had upheld the ban.
