Seventh Circuit Seems Disinclined to Undo the Illinois Ballot Access Order Affecting Minor Parties

As reported previously, on April 23, a U.S. District Court ordered Illinois to provide ballot access relief to minor party and independent candidates. On June 8, Illinois officials appealed that decision, and asked that their appeal be expedited. The Seventh Circuit did not explicitly deny that request for expedited hearing, but it did set a briefing schedule that implicitly denies it. The plaintiffs need not file their response until July 15.

Sixth Circuit Expedites Libertarian Party Case on Composition of Ohio Election Commission

On June 18, the Sixth Circuit expedited Libertarian Party of Ohio v Wilhem (formerly known as Libertarian Party of Ohio v Taveras), 20-3585. This is the case in which the Libertarian Party challenges the law that excludes members of parties (other than the Democratic and Republican Parties) from ever being on the Ohio Election Commission. The U.S. District Court had upheld the law, which says the Commission shall consist of three Republicans, three Democrats, and an independent chosen by the other commissioners.

Ohio Greens File Brief in Ballot Access Case

On June 15, leaders of the Ohio Green Party, and two of the Green Party candidates for the presidential nomination of the party, filed this brief in the Ohio Green ballot access case, Hawkins v DeWine, s.d., 2:20cv-2781. The state is trying to have the case dismissed because the Sixth Circuit had denied ballot access relief for Ohio initiatives in Thompson v DeWine. The plaintiffs argue that Thompson v DeWine was wrongly decided, rather than distinguishing between initiative ballot access and minor party/independent candidate ballot access.

Thompson v DeWine is pending in the U.S. Supreme Court.