U.S. District Court Formally Deletes County Distribution Requirement for Minor Party Statewide Petitions

On February 1, U.S. District Court Judge Lawrence Stengel issued an order deleting the county distribution requirement for statewide petitions for independent candidates and the nominees of unqualified parties. Constitution Party of Pennsylvania v Aichele, e.d. 5:12cv-2726. Therefore, there is no need for any future petitions to include at least 250 signatures from each of ten counties. This result came about because the Third Circuit had suggested that such county distribution requirements are unconstitutional unless the state could show that the requirement had no impact on voting rights. That motivated the state to consent to dropping the requirement.

Minor party and independent candidates for Governor in Pennsylvania in 2018 therefore need 5,000 signatures, which can be gathered anywhere in the state.

Ninth Circuit Panel of Judges Now Known for California Lawsuit on Party Labels

The Ninth Circuit hears Soltysik v Padilla in Pasadena, California, on Thursday, February 8, at 9:30 a.m. The issue is the California law that won’t let members of non-qualified parties list their party on the ballot for partisan office, even though the law does permit members of qualified parties to have their party label on the ballot. The U.S. District Court had upheld the law.

The three judges are Stephen Reinhardt (a Carter appointee); William Fletcher (a Clinton appointee); and John Owens (an Obama appointee). This is an ACLU case. The plaintiff, Emidio Soltysik, is a registered Socialist, but when he ran for the legislature, he was forced to have “party preference: none” on the ballot.

Oral Argument Set in Washington State Ballot Access Case

On Wednesday, February 14, U.S. District Court Judge Benjamin H. Settle will hear De La Fuente v Wyman, w.d., c16-5801. The issue is the Washington state election law that says before an independent presidential candidate may begin to petition in the state, he or she must have run a notice in a newspaper at least ten days before the start of the drive.

On January 31, Judge Settle issued this 16-page order, suggesting that the state interest in this restriction does not seem necessary nor convincing, but setting the oral argument so the state can perhaps suggest some other state interests.

The hearing will be in Tacoma at 1:30 p.m.