On July 23, Joseph Kishore, the Socialist Equality Party presidential candidate, filed this brief in the Sixth Circuit in his Michigan ballot access case. Kishore v Whitmer, 20-1661. He wants to be on the ballot as an independent candidate, which requires 12,000 signatures, to be collected from mid-January to mid-July. He argues that the health crisis made this impossible. No statewide independent candidate petitions were submitted by anyone in Michigan this year. The U.S. District Court had denied him relief on July 8.
On July 15, the West Virginia Democratic Party won a procedural ruling in Nelson v Warner, s.d., 3:19cv-898. This is a Democratic Party case against the law concerning the order of candidates on general election ballots. It says the party that won the presidential election within that state at the last election shall have the top line.
The 20-page ruling says the party and the other plaintiffs have standing. It is likely that a decision on the merits will be released during August 2020. The case is before U.S. District Court Judge Robert Chambers, a Clinton appointee.
The Democratic Party has won a somewhat similar case in Minnesota this year, and has lost similar cases on procedural grounds in Arizona and Florida. Its Texas lawsuit is still undecided.
The Connecticut Libertarian Party ballot access case is pending in the Second Circuit. Libertarian Party of Connecticut v Lamont, 20-2179. The case includes a mixture of issues related to petitioning in the health crisis, and issues that are separate. On July 24 the Secretary of State asked the Second Circuit not to expedite the case. See the state’s brief here.
The Alliance Party is now ballot-qualified in Mississippi. In that state, a group becomes a qualified party by submitting a list of party officers. Mississippi has had that law ever since 1890, when the state first instituted government-printed ballots. Mississippi is the only state that has never changed its original definition of a qualified party.
On April 2, 2020, the New York ballot access law drastically changed. The number of signatures for a statewide independent, or the nominee of an unqualified party, was raised from 15,000 to 45,000 signatures. The vote test was changed from 50,000 for Governor, to a requirement that a party pass the vote test every two years, for the office at the top of the ticket (president in some years, governor in the other election years). The number of votes went to the greater of 130,000 or 2% of the vote cast.
The Working Families Party then sued to overturn the new requirements. Here is the party’s reply reply brief, filed July 24.