Connecticut Libertarian Party Asks Second Circuit to Reconsider Ballot Access COVID Ruling

On October 5, the Connecticut Libertarian Party filed this petition for rehearing en banc in the Second Circuit in Libertarian Party of Connecticut v Merrill, 20-2179. On October 2, the Second Circuit had refused any ballot access relief, notwithstanding the health crisis. The petition for rehearing acknowledges that it is too late for practical relief for the 2020 election, but asks the Second Circuit to rehear the case for future elections.

The rehearing request points out that the Secretary of State of Connecticut had recommended that petitioning be waived for parties that were on the ballot automatically for at least one of the statewide offices, but the Governor had countermanded that, and instead had merely reduced the petition requirements to 70% of normal.

The Libertarian Party was on the ballot automatically for president and one U.S. House seat, but it wanted to run candidates for other congressional races, and many legislative races. In Connecticut, the vote test is unique. It is 1%, but it applies office-by-office. A party that got 1% for one particular race in the previous election is on the ballot automatically just for that one office. No other state has a vote test like this.

Six U.S. Citizens Who Live in Guam, and who Formerly Lived in Hawaii, Sue to Obtain Ability to Vote

A paradox of the U.S. election system is that U.S. adult citizens who live in foreign countries are permitted to vote in U.S. elections (in the state in which they lived before they moved abroad). But if U.S. adult citizens move to a U.S. possession, they can’t vote in the state in which they lived before moving to the possession.

Many lawsuits have been filed to upset this system. A new one was filed on October 8 in U.S. District Court in Hawsaii, by six voters who now live in Guam. Reeves v Nago, 1:20cv-433. Here is the Complaint.

A somewhat similar lawsuit won in U.S. District Court in Utah last year. However, the U.S. District Court Judge stayed his own opinion while the federal government appealed to the Tenth Circuit. Fitisemanu v USA, 20-4017. That case was argued on September 23, 2020, and no decision has been issued yet. Thanks to Thomas Jones for the news about the new Reeves case.

Public Broadcasting Service Includes All Arkansas Libertarian Congressional Candidates in Debates

Public Broadcasting Service is sponsoring debates for all Arkansas congressional races, and has invited all three Libertarian congressional candidates to participate. See this story. In the U.S. House races, there are Libertarians in two districts out of the four.

The Libertarian Party nominee for U.S. Senate, Ricky Dale Harrington, Jr., is the only opponent for incumbent Republican U.S. Senator Tom Cotton. The independent write-in candidate withdrew last month, and there is no Democratic nominee. Because Senator Cotton refuses to debate Harrington, PBS will air two interviews with Harrington.

A recent American Research Group poll shows Cotton at 49%, Harrington at 38%, and the remainder undecided.