On May 8, Bernie Sanders submitted a document to the Second Circuit, in preparation for him to file an amicus curiae brief in Yang v Kellner, 20-1494. This is the case over whether New York should hold a presidential primary on June 23. Sanders will argue on the same side as Andrew Yang, and against the State Board of Elections. The attorney who presents the amicus for Bernie Sanders will be David R. West of Seattle, Washington.
On May 8, the plaintiff independent candidates and minor party candidates in Georgia filed this Motion for a Preliminary Injunction. It asks that the U.S. District Court ruled that the petition requirements this year are unconstitutional. The brief points out that the Georgia legislature is in session, and if the Court enjoins the existing law, the legislature can then modity the law. Cooper v Raffensperger, n.d., 1:20cv-1312.
On May 8, the Michigan Secretary of State agreed to cut primary petitions this year by 50%. A few days ago the state had set 70%, but a U.S. District Court hearing seemed to show that the 70% would not survive. The state took the hint.
On May 7, Arizona filed this brief in the U.S. Supreme Court in Arizona Libertarian Party v Hobbs, 19-757. This is the case over how registered members of a small ballot-qualified party that has been on the ballot for at least four years can get themselves on the ballot.
Ever since the new law was passed in 2015, no Libertarian has been able to get on the primary ballot for any congressional race, or any state race.
The Arizona brief does not mention the point that Arizona has extremely easy primary ballot access procedures for small qualified parties that have not been on the ballot for four years. This is why many Green Party candidates were able to qualify in 2016 and 2018, when the Green Party was on the ballot.
The Arizona brief claims there is no circuit split, but there is. The Third Circuit struck down a somewhat similar Pennsylvania law in 1985 in Consumer Party v Davis. The state claims the Libertarian Party doesn’t have any support in Arizona, but last time it was permitted to have a candidate for Governor, in 2014, it polled 3.81% for its nominee Barry Hess.
On May 7, TIME published this interview with Justin Amash about his presidential run.
