Pennsylvania Republicans Ask U.S. Supreme Court to Countermand State Supreme Court Order on When Ballots Must Be Received

Om September 28, Pennsylvania Republican leaders asked the U.S. Supreme Court to countermand an order of the Pennsylvania Supreme Court that extended the deadline for postal ballots to be received in election administration offices. The State Supreme Court said if the envelopes have no visible postmark, they need not arrive until Friday, November 6. Election day is November 3. Scranati v Pennsylvania Democratic Part, 20A53.

The request is in the hands of Justice Samuel Alito, who handles such matters for cases arising from Pennsylvania, New Jersey, and Delaware.

Georgia Libertarian Party Files Final Brief in U.S. House Ballot Access Case

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.

September 2020 Ballot Access News Print Edition

Ballot Access News
September 2020 – Volume 36, Number 4

This issue was printed on greeen paper.


Table of Contents

  1. MONTANA SUPREME COURT REMOVES GREEN PARTY FROM BALLOT FIVE MONTHS AFTER IT QUALIFIED
  2. MINOR PARTY WINS
  3. CALIFORNIA PRIMARY
  4. MAINE RANKED CHOICE
  5. LAWSUITS STILL PENDING FOR PRESIDENTAL BALLOT
  6. NONE OF THE SIX DEMOCRATIC BALLOT ORDER LAWSUITS WILL EFFECT 2020 ELECTION
  7. MORE LAWSUIT NEWS
  8. TOP-FOUR REMOVED IN ARKANSAS AND NORTH DAKOTA
  9. TEXAS MINOR PARTIES ATTACKED
  10. MINOR PARTY MEMBERS WHO RAN IN CALIFORNIA TOP-TWO PRIMARIES WITH AT LEAST ONE DEMOCRATIC AND ONE REPUBLICAN OPPONENT, SINCE JULY 2016
  11. 2020 PETITIONING FOR PRESIDENT
  12. LIBERTARIANS ALMOST CERTAIN TO BE ON ALL BALLOTS FOR PRESIDENT
  13. NOMINATIONS
  14. PARTY FOR SOCIALISM & LIBERATION CHANGES VICE-PRESIDENTIAL NOD
  15. PROGRESSIVE PARTY LEADER WINS VERMONT DEMOCRATIC PRIMARY
  16. SUBSCRIBING TO BAN WITH PAYPAL

U.S. District Court Orders Texas to Add Straight-Ticket Device to 2020 Ballots

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.

Judge Amy Coney Barrett Ruled Unfavorably in Her Only Ballot Access Case

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.