On July 14, U.S. District Court Judge Edward G. Smith, an Obama appointee, denied any ballot access relief to minor parties petitioning in Pennsylvania. Libertarian Party of Pennsylvania v Wolf, e.d., 5:20cv-2299. Here is the 32-page opinion.
The petitioning period in Pennsylvania for minor party and independent candidates began on February 19 and ends on August 3. The order says on page 25, “Pennsylvania has begun its process of reopening, and in-person signature collection is less burdensome.” The order also depends on the testimony of Jason Henry, Political Director for the Pennsylvania Democratic Party. The Democratic Party had intervened in this case to oppose any relief. Of course, Democrats who petitioned this year for the primary did so in the period ending February 18, before the health crisis began. The order quotes Henry as saying that the absence of large gatherings is not an impediment, because signatures obtained at large gatherings tend to result in many invalid signatures. He said that petitioners can use sterilizing pens and use personal protective equipment. He said that ballot crowding “frustrates efforts to inform the electorate on differences among the candidates, places undue emphasis on ballot position, and may prevent successful candidates from winning a majority.”
The opinion mentions all the cases in other states in which ballot access relief was denied, and mostly ignores all the cases that ruled in favor of ballot access relief. The opinion even cites Acosta v Wolf, in which another U.S. District Court Judge in the eastern district of Pennsylvania ruled against ballot access relief for an independent congressional candidate. The Acosta decision is flawed because it erroneously says that the plaintiff needed 1,000 signatures. Actually he needed 5,752.
