Here is the final brief in Cowen v Raffensperger, n.d., 1:17cv-4660. This is the Georgia Libertarian Party’s lawsuit against the petition requirements for U.S. House, which were passed in 1943 and have never been used by a minor party, and have not been used by an independent since 1964. A decision should be out by the end of the calendar year.
Ballot Access News
September 2020 – Volume 36, Number 4
| This issue was printed on greeen paper. |
Table of Contents
On September 25, U.S. District Court Judge Marina Garcia Marmolejo, an Obama appointee, ordered Texas election officials to add a straight-ticket device to the 2020 ballot. The case had been filed on August 12. Texas Alliance for Retired Americans v Hughs, s.d., 5:20cv-128. Here is the decision.
On September 26 the state asked for a stay, and also appealed to the Fifth Circuit. The state submitted affidavits from local election officials explaining that it is too late to change the ballot without great cost. Thanks to Jim Riley for the news about the state’s appeal.
Texas repealed the device in 2018, but made the change effective with the 2020 election.
On September 26, President Trump nominated Judge Amy Coney Barrett of the Seventh Circuit for the U.S. Supreme Court.
It appears she has only written one ballot access decision. In 2019 she wrote the opinion in Acevedo v Cook County Electoral Board, 18-2979. She upheld requiring a candidate for the Democratic nomination for Sheriff of Cook County to collect 8,236 signatures. The plaintiff-Candidate had sued, arguing that the state could not constitutionally require more than 5,000 signatures, because Democratic candidates running for statewide office in primaries never need more than 5,000 signatures.
The U.S. Supreme Court had ruled unanimously in 1979 that Illinois could not require more signatures for a minor party candidate for Mayor of Chicago (which was a partisan office back then) to collect 42,000 signatures, because the statewide minor party petition was only 25,000. The Supreme Court 1979 decision said it was obvious that if 25,000 is enough to keep the statewide general election ballot uncrowded, then surely there was no logical reason for Illinois to require more than 25,000 for Mayor of Chicago.
The 2019 Barrett decision fails to follow precedent and logic.
On September 25, the Alaska Division of Elections changed its mind, and will print the party affiliations on the ballot for nominees of unqualified parties. The affected candidates are all Libertarians running for state legislative seats. See this story. One of the Libertarian nominees, Scott Kohlhaas, had filed a lawsuit on September 25, Kohlhaas v State, 3AN-20-08141.
The state’s change of mind means that some ballots will be reprinted, although the number of such ballots is small. UPDATE: see this news story.
