Trial Date Set in Tennessee Ballot Access Cases

On January 20, U.S. District Court Judge William Haynes set a trial date in two pending Tennessee ballot access cases. The trial date is Tuesday, February 23, 9 a.m., in Nashville. The trial combines the 2011 case that challenges the number of signatures needed for a newly-qualifying party, and the 2014 case on how a party remains on the ballot. The only undecided issue from the 2014 case is whether the ruling (which put the Constitution and Green Parties on the 2014 ballot) should also apply to put those two parties on the 2016 ballot.

The 2011 case over the number of signatures has been won twice in U.S. District Court, but each time the Sixth Circuit then said the case needs more evidence.

U.S. Supreme Court Won’t Consider Michigan Socialist Ballot Access Case

On January 25, the U.S. Supreme Court refused to even look at the cert petition filed in the Michigan ballot access case, Erard v Johnson, 15M76. The issue is the law that says newly-qualifying parties need twice as many signatures as old parties need votes to stay on. The Clerk of the court erroneously reported to the justices that the case had been filed a day late, and presented the case as one in which Matt Erard was seeking to be excused for being late. Erard, the Socialist Party pro se activist who filed the case, was not actually late, but it is not likely that any Justice, or any clerk for any Justice, read the actual account of why the clerk thought it was late.

In 1968 the U.S. Supreme Court ruled in Williams v Rhodes that it is unconstitutional for any state to require more support for a new party than for an old party.

Rob Richie Piece in Huffington Post Says an Independent Can be Elected President

Rob Richie has this interesting article in Huffington Post, showing with actual data from 1992 how an independent presidential candidate could win, despite the U.S. Constitution’s provision that when no one wins a majority in the electoral college, the U.S. House chooses the president with each state getting one vote.

Richie’s post can be seen as rebutting an article by Norm Ornstein which says that an independent could never win because of those provisions of the U.S. Constitution. A link to Ornstein’s piece is in the Richie piece.

Arkansas Governor Lets Libertarian Party Nominate a Candidate for US House After Normal Deadline

Although Arkansas law generally won’t let qualified minor parties nominate anyone for the November 2016 election later than November 2015, the Arkansas Governor has given permission for the Libertarian Party to nominate a new candidate for US House, 3rd district. See this story. Permission was given because the party’s original nominee for US House unexpectedly moved out of the state after he was nominated.

Nineteen Presidential Candidates are Petitioning to get on Rhode Island Primary Ballots

This news story lists the thirteen Republicans and six Democrats who are circulating petitions to get on the major party presidential primaries in Rhode Island. Scroll down to the bottom. Apparently no one is seeking to run in the presidential primary of the Moderate Party, which is also ballot-qualified and which could have a presidential primary if at least two candidates qualified to run. Thanks to the commentators who pointed out that the original post was incomplete.

One Republican has taken out papers but is not mentioned in the story. He is Paul Boring.