The Other Georgia Ballot Access Case, Relating to Health Emergency, to be Heard June 30

U.S. District Court Judge Eleanor Ross will hear Cooper v Raffensperger, 1:20cv-1312, on Tuesday, June 30, at 9:30 am. This is the ballot access case involving the health crisis. It should not be confused with Cowen v Raffensperger, which is not related to the health crisis.

Cooper v Raffensperger will decide whether the minor party and independent candidates in 2020 will get petitioning relief. That includes relief from the 7,500 petition requirement for president. That will affect the Green and Constitution Parties in particular, and possibly others.

Eleventh Circuit Procedural Win in Libertarian Georgia Ballot Access Case

On June 3, the Eleventh Circuit issued a 20-page opinion in Cowen v Georgia Secretary of State, 19-14065. It remands the case back to the U.S. District Court, and tells that Court to re-hear the case, this time evaluating the evidence. This case challenges the petition requirements for minor party nominees for U.S. House. The U.S. District Court had upheld them despite the evidence, believing that the 1971 Jenness v Fortson decision required that result. The Eleventh Circuit disagrees. The Eleventh Circuit says that there is an equal protection problem with the Georgia law that had not existed in 1971. Furthermore, when Jenness v Fortson was decided, there had been successful uses of the statewide petition in each of the two elections before Jenness had been filed. But in this case, there are no successful uses of the 5% petition for U.S. House since 1964, and none ever for a minor party candidate.

The decision is by Judge R. Lanier Anderson, and also signed by Judges Gerald Tjoflat and Adalberto Jordan.