On June 8, the four minor parties who are suing Virginia for ballot access relief filed this brief in their ballot access case. Libertarian Party of Virginia v Virginia Board of Elections, e.d., 3:20cv-349. This case was originally filed on May 15 by the Constitution and Green Parties, but since then the Libertarian and Independent Green Parties have joined the case.
On June 8, the Pennsylvania Constitution, Green, and Libertarian Parties filed this brief in their ballot access case, Libertarian Party of Pennslvania v Wolf, e.d., 5:20cv-2299. The brief argues that the Democratic Party should not be allowed to intervene in the case, which asks for ballot access relief due to the health crisis. The Pennsylvania Democratic Party is opposed to any ballot access relief.
On May 29, U.S. District Court Judge David S. Doty, a Reagan appointee, upheld the Minnesota law that requires all non-presidential independent and minor party petitions to be circulated in just 14 days. Libertarian Party of Minnesota v Simon, 0:19cv-2312. Here is the 14-page decision.
The decision says the short petitioning period is constitutional because the number of signatures for a statewide independent is only 2,000. However, the decision fails to note that an unqualified party would need many separate petitions if it wanted to run more than just a single nominee. The decision does not mention any state interest in the short period. The decision does not discuss the point that independent presidential petitions can be circulated over several months.
The decision also upholds the language on the petition that says the signer does not now intend to vote for anyone for the same office in any primary. The decision says that is not a severe burden, because the signer is later free to change his or her mind. Again, the decision does not any state interest in having such language on the petition. The U.S. Supreme Court Anderson v Celebrezze decision says judges are supposed to balance the interests of the state against the voting rights burden of the challenged law. This means judges are supposed to discuss the state interest in the challenge restriction.
On June 8, the Nevada Secretary of State agreed to accept initiative petitions filed by August 3, even though the statutory deadline is June 24. This action is a result of the earlier decision by a federal court in Fair Maps Nevada v Cegavske, 3:20cv-271. A consent degree was filed in the case.
On June 8, U.S. District Court Judge Janet Hall denied any further ballot access relief to Connecticut petitioning candidates in the August 11 primaries. Gottlieb v Lamont, 3:20cv-623. Here is the 22-page Decision. The Governor had already cut the number of signatures down to 70% of normal.
