Ohio Libertarians File Reply Brief in Ballot Access Case

On November 21, the Ohio Libertarian Party filed this reply brief in Libertarian Party of Ohio v Husted, s.d., 2:13cv-953. The issue in the lawsuit at this point is whether SB 193, passed in late 2013, which rewrote the definition of “political party”, is constitutional.

One of the Libertarian Party’s contentions is that the 2013 law violates the Ohio Constitution, which seems to say that all parties must nominate by primary. The federal court can only involve itself in this issue if the federal court rules that the state waived its Eleventh Amendment immunity. That is why so much of this brief concerns the Eleventh Amendment. Thanks to Steve Linnabary for the link.

Pennsylvania State Attorneys Withdraw Their Motion to Dismiss One Ballot Access Case

On November 26, attorneys for Pennsylvania state election officials withdrew their motion to dismiss the case Constitution Party of Pennsylvania v Aichele, e.d., 5:12cv-2726. The case will now proceed. This is the case challenging the unique Pennsylvania system that puts petitioning groups at risk of being forced to pay court costs if their petitions are rejected.

Chicago Filing Closes

Here is a list of candidates who filed to run for office in Chicago’s non-partisan February 2015 election. There are three citywide offices: Mayor, City Clerk, and Treasurer. For City Clerk, only two candidates filed; for Treasurer, only one candidate. Candidates for each citywide office needed 12,500.

All petitions in Illinois are deemed valid, unless anyone challenges. Even a petition that obviously doesn’t have enough signatures is acceptable if there is no challenge. The list of candidates posted above will almost certainly shrink after challenges are filed and adjudicated.

Utah Republican Party Will Sue to Eliminate Petition Bypass for Primary Ballot Access

In 2014, the Utah legislature passed a bill providing that a candidate can get on a primary ballot even if he or she does not have much support at a party caucus. Prior the the 2014 bill’s passage, Utah was the only state in which it was impossible for anyone to get on a partisan primary ballot for any office unless the candidate showed prior support at a party caucus.

The Utah Republican Party doesn’t like the 2014 bill, and will soon file a lawsuit to overturn it, according to this story.

The U.S. Supreme Court decision New York State Board of Elections v Lopez Torres, issued in 2008, makes it likely that the proposed lawsuit will win. That decision, which was unanimous, affirmed that political parties have a First Amendment right to stop direct nomination of candidates in their own primaries, if that is what they want. The 2008 decision upheld a New York law that says political parties nominate candidates for Supreme Court Justice in party conventions. The lower courts had said there must be a method for candidates to get on a primary directly, but the U.S. Supreme Court reversed the lower courts.

Zoltan Istvan is Working to Create the Transhumanist Party

Zoltan Istvan said last month that he intends to form the Transhumanist Party, and to be its presidential candidate. In California, groups that wish to qualify for the ballot must notify the Secretary of State. Upon receiving the notification, the Secretary of State asks county election officials to keep a tally of how many voters register into the group. The group becomes qualified if at least one-third of 1% of the registered voters have joined. So far, the Transhumanist Party has not registered, even though Istvan lives in California.

See this interview with Istvan. Also, see this wikipedia page about Istvan. Thanks to IndependentPoliticalReport for this news.