Ohio Libertarian Party Files Brief in Ballot Access Case Concerning Selective Enforcement

On November 2, the Ohio Libertarian Party filed this ten-page brief, summarizing evidence that officials in the Secretary of State’s office applied a ballot access law selectively in 2014, when the party’s gubernatorial nominee was kept off the primary ballot. Even if you don’t normally read legal briefs, this one is worth reading. Thanks to Steve Linnabary for the link.

U.S. District Court Says Utah Cannot Force Political Parties to Let Independent Voters Vote in their Primaries

On November 3, U.S. District Court Judge David Nuffer ruled that Utah cannot force political parties to let independent voters vote in their primaries. The case had been filed by the Republican Party and the Constitution Party, and is Utah Republican Party v Herbert, 2:14cv-876.

Utah law said parties could exclude independents from their primaries if they wished, but the nominees of such parties could not then have the party label on the November ballot. The decision barely discusses this provision, and simply takes it for granted that no party would be willing to pay that price.

The decision also says that Utah may provide that candidates who have no support at party caucuses must still be allowed to petition onto the general election ballot. However, the decision construes the law to mean that only party members may sign such petitions. Thanks to Rick Hasen for this news. The state says it may appeal.