U.S. District Court Corrects Own Opinion in Pennsylvania Ballot Access Case Concerning Independent Petition Requirement for U.S. House

On July 13, U.S. District Court Judge Mark A. Kearney amended his opinion of June 30 in Acosta v Wolf, e.d., 2:20cv-2528. This is the ballot access case filed by an independent candidate for U.S. House in Pennsylvania’s Third District. The June 30 order had denied ballot access relief, and had erroneously said the candidate needs 1,000 signatures. The July 13 correction now has the actual requirement, which is 5,752 signatures.

The July 13 opinion says the conclusion still stands, and that the plaintiff should be denied relief. The July 13 order says nothing about the point that the requirement that the plaintiff obtain 5,752 signatures seems to violate the U.S. Supreme Court opinions Illinois State Board of Elections and Norman v Reed. Both opinions said states can’t require more signatures for a district office than for a statewide office. The Pennsylvania statewide rqeuirement is 5,000, which is less than what is needed for U.S. House, 3rd district.

Arkansas Secretary of State Rejects Three Statewide Initiative Petitions for Extremely Insignificant Error

The Arkansas Secretary of State has rejected three statewide initiative petitions for the same reason, that the sponsors had a tiny wording error in their certification about the paid circulators. The law says the sponsors are supposed to certify that the paid circulators passed a criminal background check. Instead the sponsors submitted a statement that they had checked the criminal histories of all the circulators. See this story.

The three initiatives deal with these subjects: (1) a nonpartisan redistricting commission; (2) a top-four election system; (3) gambling. Thanks to Fairvote for the link.

The Secretary of State had not yet checked the validity of the signatures.

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.