On September 25, 2018, the Pennsylvania Supreme Court heard arguments in Working Families Party v Commonwealth, 435 MD 2016. The issue is whether Pennsylvania’s Constitution requires the state to permit fusion. The Commonwealth Court had ruled against the Working Families Party on September 18, 2017, by a vote of 6-1. The case had been filed on August 5, 2016. One of the plaintiffs is a Democratic nominee for state legislature, who also wanted to appear on the November ballot as the Working Families nominee. Instead his ballot label was simply “Democrat”.

Pennsylvania already permits the major parties to engage in fusion. If a primary candidate wins his or her own party’s nomination and also wins the nomination of the other major party via write-ins in that party’s primary, that candidate will be listed on the November ballot as the nominee of both major parties. Every election year, several Pennsylvania legislators win both major party nominations. Thanks to Rick Hasen for this news.

The Montana Green Party currently is suing Montana in U.S. District Court, over its early petition deadline and its distribution requirement. On October 18, the Secretary of State filed this brief, asking the Court to dismiss the case.

Next week, the Green Party will file a response, and also file a motion for summary judgment. Montana Green Party v Stapleton, 6:18cv-87.

On October 9, attorneys for the Washington Secretary of State submitted this brief to the Ninth Circuit, in De La Fuente v Wyman, 18-35208. The issue is the Washington law that says before an independent presidential candidate can begin to petition, he or she must run a legal notice in a newspaper, two weeks before starting. The legal notice must say where the petitioning will be carried out. The U.S. District Court had struck down the law, and the state is appealing. The plaintiff is Rocky De La Fuente, an independent presidential candidate in 2016.