Colorado Supreme Court Removes Candidates from Democratic Primary Ballot

Posted on by May 4, 2020
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On May 4, the Colorado Supreme Court, in an unsigned, short opinion, reversed the trial court and said candidates can’t be on the primary ballot this year unless they obtain the signatures required by the election code.  The opinion says the Court can’t do anything for the plaintiff candidate because it doesn’t have the power, and that only the legislature can help.  Griswold v Ferrigno Warren, 2020SA34.  Here is the opinion.

The effect of the decision is to remove both Michelle Warren and Lorena Garcia from the U.S. Senate primary ballot for the Democratic Party.  The only two candidates who will be on that ballot did not collect any signatures; they got on by showing substantial support at a state party meeting.

Connecticut Legislative Leaders Ask U.S. District Court to Delay Libertarian Ballot Access Case

Posted on by May 4, 2020
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On May 4, the Democratic and Republican leaders of each house of the Connecticut legislature wrote a letter to U.S. District Court Judge Janet C. Hall, saying they might pass some legislation that would moot part of the Libertarian Party ballot access lawsuit and that they hope the judge will not rule until the legislature has a chance to act.  Libertarian Party of Connecticut v Merrill, 3:20cv-467.

The lawsuit was filed on April 4, and it is odd that the legislative leaders waited so long to write their letter.

Also on May 4, independent presidential candidate Kyle Kopitke asked to intervene in the case.

U.S. District Court Reduces Utah Republican Primary Statewide Petition from 28,000 to 19,040 Signatures

Posted on by May 4, 2020
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On April 29, U.S. District Court Judge Robert J. Shelby, an Obama appointee, reduced the number of signatures needed by Utah Republican primary candidates for statewide office from 28,000 signatures to 19,040 signatures.  Garbett v Herbert, 2:20cv-245.  Here is the decision.

The candidate who brought the lawsuit is Jan Garbett, who is running for Governor.  She submitted 20,874 signatures by the April 13 deadline.  The primary is June 30.  The judge calculated the new requirement by noting that 32% of the normal petitioning time had been lost by the health crisis, so he cut the petition down to 68% of the normal requirement.  On May 1, the candidate appealed the relief, because it is extremely unlikely that she met the new standard.  However, on May 2, she dismissed her appeal.  The state then checked her signatures and determined that she did not have enough valid signatures, so although she won an important court victory, it won’t benefit her.