Alaska Libertarian Party Dismisses Ballot Access Lawsuit, Because It Isn’t Needed

On July 13, the Alaska Libertarian Party voluntarily dismissed its ballot access lawsuit, Libertarian Party v Fenumiai, 3:20cv-127. The party believes it has more than enough valid signatures on its presidential petition. The requirement is 3,212.

The Green, Constitution, and Alliance Parties similarly believe they have enough valid signatures on their presidential petition.

Florida Asks U.S. Supreme Court Not to Allow Ex-Felons who Owe Money to Register to Vote

On July 14, the Florida government filed this brief with the U.S. Supreme Court in Raysor v DeSantis, 19A1071. This is the case over whether ex-felons who owe past court fees, restitution, or fines, should be permitted to register to vote, if they can’t afford to pay. The U.S. District Court had ruled in favor of the ex-felons, but then Florida asked all the full-time judges of the Eleventh Circuit to stay the decision of the district court, and Florida prevailed on that. Now the voters who filed the case are asking the U.S. Supreme Court to let the U.S. District Court decision go into effect this year. Thanks to Rick Hasen for the news.

U.S. District Court Denies Pennsylvania Ballot Access Relief to Minor Parties

On July 14, U.S. District Court Judge Edward G. Smith, an Obama appointee, denied any ballot access relief to minor parties petitioning in Pennsylvania. Libertarian Party of Pennsylvania v Wolf, e.d., 5:20cv-2299. Here is the 32-page opinion.

The petitioning period in Pennsylvania for minor party and independent candidates began on February 19 and ends on August 3. The order says on page 25, “Pennsylvania has begun its process of reopening, and in-person signature collection is less burdensome.” The order also depends on the testimony of Jason Henry, Political Director for the Pennsylvania Democratic Party. The Democratic Party had intervened in this case to oppose any relief. Of course, Democrats who petitioned this year for the primary did so in the period ending February 18, before the health crisis began. The order quotes Henry as saying that the absence of large gatherings is not an impediment, because signatures obtained at large gatherings tend to result in many invalid signatures. He said that petitioners can use sterilizing pens and use personal protective equipment. He said that ballot crowding “frustrates efforts to inform the electorate on differences among the candidates, places undue emphasis on ballot position, and may prevent successful candidates from winning a majority.”

The opinion mentions all the cases in other states in which ballot access relief was denied, and mostly ignores all the cases that ruled in favor of ballot access relief. The opinion even cites Acosta v Wolf, in which another U.S. District Court Judge in the eastern district of Pennsylvania ruled against ballot access relief for an independent congressional candidate. The Acosta decision is flawed because it erroneously says that the plaintiff needed 1,000 signatures. Actually he needed 5,752.