Eleventh Circuit Will Hear Libertarian Challenge to U.S. House 5% Petition on May 22

Posted on by May 5, 2020
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The Eleventh Circuit will hear Cowen v Raffensperger, 19-14065, on Friday, May 22.  This is the case filed in 2017 against the Georgia petition requirement for independent and minor party candidates for U.S. House.

The 5% (of the number of registered voters) requirement has existed for U.S. House since 1943.  No minor party has ever complied with it in 77 years.  No independent has complied with it since 1964, and back then the petition validity wasn’t checked, no district crossed county lines, and the petition deadline was in October.

Nevertheless, the U.S. District Court had upheld it in 2019.

The three judges will be Adalberto Jordan, Gerald Tjoflat, and R. Lanier Anderson.  The hearing will be by telephone.

Minnesota Libertarian Party Files Reply Brief in Ballot Access Case

Posted on by May 5, 2020
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On April 28, the Minnesota Libertarian Party filed this reply brief in its ballot access case, Libertarian Party of Minnesota v Simon, 0:19cv-2312.  This case was filed in 2019 and is not concerned with the health crisis.  It attacks the Minnesota law that restricts independent petitions (and petitions for the nominees of unqualified parties) to a collection period of only 14 days.  However, if the petition is for president, the petition period is 92 days.

The lawsuit also attacks the law that says the petition signers must say, by their signature, that they do not intend to vote in the upcoming primary for the same office.

Washington, D.C., City Council Passes Bill Lowering Number of Signatures for Some Offices

Posted on by May 5, 2020
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On May 5, the Washington, D.C., city council passed B23-0751.  It makes many changes to laws of all kinds, relating to the health crisis.  Section 23 of the bill lowers the number of signatures needed for a petition to place a candidate for Delegate to the U.S. House, or city-council-at-large, on the November ballot, from 3,000 signatures to 250 signatures.

The bill lowers the general election petition for city council from a ward from 500 signatures to 150 signatures.

The bill also says blank candidate petitions, and initiative petitions, can now be sent to potential signers electronically.  Potential signers must then print the blank petition on their home printer.  They may sign the printed paper, and e-mail the signature with a scan back to the campaign office that is collecting the signatures.  Or, of course, they can also postally mail the sheet back.  The bill also eliminates the requirement that petitions be on legal size paper.  They can now be on standard 8.5 inch by eleven inch paper.

Oddly, the bill does not seem to lower the number of signatures for independent presidential candidates, or the presidential nominees of unqualified parties.

Initiative Proponents File Final Brief in U.S. Supreme Court

Posted on by May 5, 2020
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On May 4, initiative proponents filed this reply brief in the U.S. Supreme Court in Schmitt v LaRose, 19-974.  This is the case over whether it violates the First Amendment for local election administrators to reject an initiative petition, even though it has enough valid signatures, if the administrators think the initiative, if passed, would be illegal or unconstitutional. The Sixth Circuit had ruled against the initiative proponents.  This is an Ohio case involving an initiative relating to marijuana.