Ninth Circuit Won’t Put Montana Green Party on Ballot, but Expedites Lawsuit

On September 8, the Ninth Circuit denied emergency injunctive relief to the Montana Green Party nominees for Congress and state office, but it is expediting the lawsuit. The next brief is due September 16. Also the Ninth Circuit is letting the Montana Green Party and Howie Hawkins intervene in the case, over the opposition of the Democratic Party which tried to keep them out of the case. Here is the 2-page order in Davis v Stapleton, 20-35734.

The party will not be on the ballot in November 2020, but it is possible that if it wins declaratory relief, the court will put it on the ballot for 2022.

Maine Supreme Judicial Court Says Lower Court Opinion that Approved Referendum Petition is Stayed, so Maine Will Use Ranked Choice Voting for President

On September 8, the Maine Supreme Judicial Court determined that the decision of a state trial court that had approved the Republican-backed referendum petition concerning ranked-choice voting for president is automatically stayed. Therefore Maine will use ranked choice voting for president this November, according to the Secretary of State. See this link. Thanks to Walter Ziobro for this news.

Here is the decision of the Maine Supreme Court. Thanks to Thomas Jones for that link. UPDATE: see this article, which explains in greater detail.

Louisiana Green Party, a Qualified Party, is Late with Presidential Electors, so Howie Hawkins Not Likely to Appear on Ballot

The Louisiana Green Party, which is ballot-qualified, was late with its list of presidential elector candidates, so Howie Hawkins is likely not on the Louisiana ballot.

At least eight times in history, the Democratic or the Republican Party was late with its list of presidential electors, or with its certification of whom the electors will vote for, but election officials always excused those two parties. Documentation exists that the major parties were late in these instances: (1) Democratic, Iowa, 1964; (2) Democratic and Republican, Indiana, 1988; (3) Democratic, Ohio, 1996; (4) Democratic, Montana, 1996; Florida, Republican, 2004; Democratic and Republican, Texas, 2008.

In 2016 the Arizona Green Party was late with its presidential electors, and the Secretary of State refused to accept them. The party sued in federal court and won the case. Arizona Green Party v Reagan, cv-16-2027. However it is not likely the Green Party has time to sue Louisiana this year.