Several constitutional ballot access cases filed for the 2012 election are still pending.
In Georgia, the ballot access case filed by the Green and Constitution Parties is undergoing discovery, in preparation for a trial. This case challenges the law on how minor party and independent presidential candidates get on the ballot. The state requires approximately 50,000 valid signatures, and each petition sheet must be notarized. This case has been delayed, because initially the U.S. District Court upheld the law without allowing a trial, but then the 11th circuit said the case needs evidence. The state recently asked for a short extension of time in which to find expert witnesses on its side. The deadline for identifying the state’s witnesses is October 27. Discovery will be complete by November 20, 2015.
In Illinois, the Libertarian Party case against the law requiring newly-qualifying parties to file a full slate still hasn’t had a decision. Twice, the case was reassigned from one judge to another judge. The third judge to have the case has seven times announced a date when the opinion would be released, but each time she then didn’t issue it. She now says the opinion will be out before October 30.
In Pennsylvania, the case filed by the Constitution, Green, and Libertarian Parties against the threat of huge court costs (if the petition doesn’t have enough valid signatures) won in U.S. District Court on July 24, 2015, but the state has appealed, so the case is still alive.
In Tennessee, the 2011 case filed by the Constitution and Green Parties against the petition requirement for new parties (2.5% of the last gubernatorial vote) is still pending. Twice the U.S. District Court struck down the laws, and then twice the U.S. Court of Appeals sent it back, saying more evidence is needed. Discovery is complete, but no trial date has been set yet.
