Michigan State Court Strikes Down Law that says When Signer Signs a Petition Twice, Neither Signature Counts

On August 12, a Michigan state court ruled when an individual signs the same petition twice, the state law striking both signatures violates the U.S. Constitution. In re City of Benton Harbor Mayoral Recall Election, Berrien County 2014-0117. The opinion finds that some individuals, in good faith, sign a petition a second time because they don’t remember if they already signed it or not.

The Secretary of State had filed a brief in support of the restriction. As a result of the decision, a recall petition for the Mayor of Benton Harbor now has enough valid signatures. Thanks to John Anthony LaPietra for the news.

Ohio Libertarian Party Wins Procedural Ruling in U.S. District Court Concerning Ballot Access Challenger

On August 12, a U.S. District Court Magistrate ruled that Gregory Felsoci, the individual who challenged the primary petitions this year of three Libertarian Party statewide candidates, must reveal who is paying his legal fees. Although it is true that Felsoci does not know who is paying his legal fees, his attorneys must reveal this information to Felsoci, and then Felsoci must reveal this to the court.

The case is Libertarian Party of Ohio v Husted, southern district, 2:13cv-953. It is possible Felsoci will file an appeal to countermand the ruling, but if he does, he is obliged to do it quickly.

Eleventh Circuit Will Hear Oral Arguments in Alabama Ballot Access Case in Mid-November

The Eleventh Circuit will hear Stein v Bennett, 13-15556, during the week of November 17, 2014. This is the case over the constitutionality of Alabama’s March petition deadline for newly-qualifying parties. The deadline applies in presidential election years but not midterm years. The U.S. District Court had upheld the March deadline.

Hearing Set for South Dakota Independent Candidate Ballot Access

U.S. District Court Judge Lawrence Piersol will hear Myers v Gant on Monday, August 18, at 2 p.m. This is the South Dakota case over whether an independent candidate for Governor, Michael Myers, may substitute a new Lieutenant Governor running mate. South Dakota law permits such substitution for partisan candidates but has no such provision for independent candidates.