Various California newspapers are now reporting that Superior Court Judge James P. Arguelles, who granted more time for the gubernatorial recall petition last November due to the health crisis, was formerly a law firm colleague of the attorney for the recall committee, Bradley Benbrook. The story interviews experts on legal ethics, who say that this is not necessarily a problem, although many expressed the opinion that the judge could have at least acknowledged the relationship before he ruled, and could have asked if either side had any objections. See the story here.

California judges, both federal and state, were inconsistent during 2020 on whether the health crisis justified extending ballot access relief. The Common Sense Party asked for relief in both federal and state court, but lost both cases. Two presidential candidates who tried to use the independent presidential petition procedure, Don Blankenship (Constitution Party) and Joseph Kishore (Socialist Equality Party) also asked for relief in federal courts in California but did not receive any relief.

By contrast, courts in D.C., Georgia, Illinois, Maryland, Massachusetts, Michigan, New Hampshire, Rhode Island, Utah, and Virginia, all granted relief.

On June 3, Nevada Governor Steve Sisolak, a Democrat, signed SB 292. It makes ballot access more difficult for new or previously unqualified parties. It moves the petition deadline to late April, and it imposes a severe distribution requirement.

Nevada has not had a successful petition to qualify a party since 2011. Nevada is one of only five states in which the Green Party presidential nominee did not appear on the ballot in either 2016 nor 2020. The bill seems motivated by a desire by Democrats that the Green Party not appear on the ballot in future elections. The Libertarian and Constitution Parties are already ballot-qualified in Nevada.

On May 25, the Arkansas Libertarian Party submitted this eleven-page affidavit in its ballot access case, Libertarian Party of Arkansas v Thurston, e.d., 4:19cv-214. The affidavit is by party state chair Michael Pakko. The affidavit clearly shows how utterly unreasonable the Arkansas ballot access laws for new and previously unqualified parties. It also shows how damaging the state law, requiring party petitions to be completed in 90 days, is, and how irrational.

Although the Arkansas law has been enjoined, we are still waiting for a decision on its constitutionality. It requires 3% of the last gubernatorial vote, to be submitted in the odd year before election years.