U.S. District Court Again Refuses Relief to Montana Green Party

On August 20, U.S. District Court Judge Dana Christensen refused to give the Montana Green Party any injunctive relief, while the party appeals yesterday’s order that removed it from the ballot.

Montana Secretary of State says the ballot must be certified on August 21, which is odd, because the Republican Party won’t nominate for president or vice-president until August 24. Some states haven’t even held their congressional primaries yet. The latest primary is Delaware’s September 15 primary.

Seventh Circuit Sustains the Ballot Access Relief for Illinois Minor Party and Independent Candidates

On August 20, the Seventh Circuit issued a six-page order in Libertarian Party of Illinois v Cadigan, 20-1961. It upholds the ballot access relief granted by a U.S. District Court in April 2020. It says, “The Board devotes not a word to addressing the harm this would cause to candidates and parties who have relied on the agreed preliminary injunction order.”

The order does not identify which judges handled the matter. Thanks to Mark Brown and Sam Cahnman for this news.

Vermont Posts General Election Candidate List; Will Have 22 Presidential Candidates on Ballot

The Vermont Secretary of State has posted the November 2020 candidate list. See it here. Click on “preliminary draft candidate listing for November 3.” For president, there will be 22 candidates on the ballot. The parties with presidential nominees are Democratic, Republican, Libertarian, Green, Constitution, Alliance, American Solidarity, Socialism & Liberation, Socialist Workers, Prohibition, Bread & Roses, and Approval Voting.

In addition, these independents qualified: Mark Charles, Richard Duncan, Gary Swing, Kyle Kopitke, Christopher LaFontaine, Keith McCormick, H. Brooke Paige, Brock Pierce, Zachary Scalf, and Kanye West.

Fourth Circuit Issues a Stay in West Virginia Ballot Order Lawsuit

On August 18, the Fourth Circuit stayed the U.S. District Court decision that had told West Virginia to use a random procedure to determine the order of candidates on the ballot. The West Virginia law says the party that carried the state for president in the last election enjoys the top line for all its nominees. The U.S. District Court had found that unconstitutional, in a lawsuit filed by Democrats. The result of the Fourth Circuit stay is that West Virginia’s law will continue in place during 2020, and Republicans will be listed first.

The three judges who handled the Fourth Circuit appeal are Stephanie Thacker and James Wynn (Obama appointees), and Julius Richardson (a Trump appointee). Nelson v Warner, 20-1860.