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.

U.S. District Court Judge John W. Sedwick is expediting the Alaska ballot access case, Alaska Libertarian Party v Fenumiai, 3:20cv-127. The state’s response is due June 29, and then the reply brief is due July 7. This is the case over ballot access due to the health crisis.

On June 16, the Sixth Circuit refused to rehear Thompson v Dewine, 20-3526. This is the case in which a U.S. District Court in Ohio had ordered ballot access relief for proponents of an Ohio initiative, but then the Sixth Circuit had reversed, and said because Ohio’s lock-down had included an exception for “First Amendment activities”, therefore the initiative proponents were free to be circulating, and the state could not be blamed for their difficulties caused by the health crisis.

The proponents had already asked the U.S. Supreme Court to overrule the Sixth Circuit, even before the Sixth Circuit had made a decision about rehearing. Now that the Sixth Circuit has refused to rethink the case, it is now docketed in the U.S. Supreme Court, 19A1054.

This is the first ballot access case related to the health crisis that has been presented to the U.S. Supreme Court.