The Fourth Circuit has set a briefing schedule in Sarvis v Alcorn, 15-1162. The issue is the Virginia law that says the nominees of qualified parties always appear first on the general election ballot, ahead of independent candidates and the nominees of unqualified parties. The U.S. District Court had acknowledged that being list first on the ballot does help candidates. But the Court said the U.S. Constitution permits states to favor the two major party nominees.

The Sarvis brief is due December 22, 2015. The state’s response is due January 25, 2016.

A Nebraska state court will soon decide whether to invalidate a referendum petition on the death penalty. Sponsors of the referendum got enough valid signatures, but their opponents say the measure should be kept off the November 2016 ballot because the petition was flawed. The petition must list the measure’s sponsors. But the definition of “sponsor” is unclear. See this story.

Michigan law requires the Secretary of State to compile of list of presidential primary candidates who are discussed in news media. They go on the ballot automatically. Michigan Secretary of State Ruth Johnson’s list omits former Virginia Governor Jim Gilmore, even though the Republican National Committee lists him as a bona fide Republican candidate. The Michigan Republican Party has the authority to add Gilmore to the list, but must do so by the end of the day, Tuesday, November 17. If the Michigan Republican Party doesn’t list him, he will need almost 11,000 signatures to get on the primary ballot. See this story.

Even if the Republican ballot ends up with only fourteen candidates, it will be the most crowded Republican presidential primary ballot in Michigan history. The previous record was twelve candidates, in 2012.