Ohio Asks U.S. Supreme Court for More Time to Respond to Libertarian Case on Composition of State Election Commission

Posted on by September 9, 2021
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The government of Ohio has asked the U.S. Supreme Court for more time to respond to the cert petition filed by the Ohio Libertarian Party in the case over the composition of the Ohio Elections Commission. The law says there will be three members from each of the two largest parties, and one member who is not a member of any party. Therefore, no member of a minor party is ever eligible to serve. This is especially inappropriate, given that the State Elections Commission is responsible for setting up general election gubernatorial debates.

The Ohio response is now due October 15. Ohio Libertarian Party v Crites, 21-226.

Third Circuit Sets Oral Argument in Pennsylvania Case on Out-of-State Circulators

Posted on by September 9, 2021
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The Third Circuit will hear Benezet Consulting v Boockvar, 20-2976, on Friday, September 24, at 10 a.m. The issue is the Pennsylvania ban on out-of-state circulators for primary petitions. The U.S. District Court had struck it down, but only as applied to the particular plaintiffs who had filed the lawsuit. The circulators had then appealed to the Third Circuit, arguing that the U.S. District Court should have struck it down for everyone.

The Third Circuit judges are Theodore McKee, a Clinton appointee; L. Felipe Restrepo, an Obama appointee; and Jane Roth, a Bush Jr. appointee.

India Walton Asks Second Circuit to Stay the Order of the U.S. District Court that Put Mayor Byron Brown on Ballot

Posted on by September 8, 2021
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On September 8, India B. Walton, Democratic nominee for Mayor of Buffalo, asked the Second Circuit to stay the order of the U.S. District Court that put her opponent, independent candidate Byron Brown, on the November ballot. The Second Circuit has asked the Brown side to file a brief addressing that by September 10. Then Walton may respond on September 13. Meadors v Erie County Board of Elections, 21-2137.

Meanwhile, also on September 8, the state appellate court stayed the decision of the state supreme court that put Brown on the ballot. However, that has no practical effect at this time.

Second Circuit Now Has Two Cases on Constitutionality of May Petition Deadline for Independent Candidates

Posted on by September 8, 2021
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The Second Circuit now has two cases involving the constitutionality of the May petition deadline for independent candidates. They both concern the election for Mayor of Buffalo. They both have the same name, Meadors v Erie County Board of Elections. But because the intervenors filed the first appeal, when the defendant Board of Elections filed its own appeal, the clerk gave that second appeal a separate case number. The two case numbers are 21-2137, and 21-2145.