Pennsylvania Minor Parties Win Important Procedural Victory on Standing in Third Circuit

On July 9, the Third Circuit ruled 2-1 that the Constitution, Green, and Libertarian Parties do have standing to challenge the unique Pennsylvania system that puts petitioning groups at risk of tens of thousands of dollars if they submit a petition that is later held to lack enough valid signatures. Constitution Party of Pennsylvania v Aichele, 13-1952.

The decision is by Judge Kent Jordan, a Bush Jr. appointee, and is co-signed by Judge Jane Roth, a Bush Sr. appointee. The dissent is by Judge Thomas Ambro, a Clinton appointee. The majority cleared away all procedural barriers to the case, and sent it back to the U.S. District Court for a ruling on whether the system is unconstitutional. The U.S. District Court had refused to decide if the challenge system is unconstitutional, because the U.S. District Court felt the plaintiffs lack standing.

The majority says, “It would be a sad irony indeed if the state that prides itself on being the cradle of American liberty had unlawfully restrictive ballot access laws.” The oral argument in this case had been on March 6, 2014. After the oral argument, and on June 16, the U.S. Supreme Court ruled unanimously in Susan B. Anthony List v Driehaus that the Sixth Circuit had been too restrictive on standing in that Ohio election law case. Obviously the Susan B. Anthony decision helped the plaintiffs in this Pennsylvania case, and the Third Circuit quotes the Susan B. Anthony decision.

UPDATE: here is a short AP story about the decision. The AP uses the word “fine”, but that is not correct. The AP story should say “court costs.”

Republican Nominee for U.S. House Hopes to be Featured in Reality TV Show

Nicholas Di Ioria, Republican nominee for U.S. House in New York’s 12th district, hopes to be the subject of a reality TV show. The show would not air until after the election. Nevertheless, it is not certain that the Federal Election Commission will let him proceed. See this story. The 12th district consists of the east side of Manhattan, plus part of Queens. In 2012, Mitt Romney only received 22% of the vote in this district. The show’s producers are interested in a reality show for a candidate who is assumed to have no chance of winning.

True the Vote Dismisses Mississippi Case on Republican Run-off Primary for U.S. Senate

On July 8, True the Vote dismissed its lawsuit filed a week ago to force the state to reveal the list of Mississippi voters who voted in the Democratic primary this year. The purpose of the lawsuit was to determine if enough voters voted in the Democratic primary and the Republican run-off primary for U.S. Senate, to make a case that the run-off outcome might be invalidated.

The case was probably dismissed because the judge issued an opinion on July 7 saying the case was probably filed in the wrong district. The case had been filed in the Northern District, but the state capital, Jackson, is in the Southern District. Thanks to Rick Hasen for this news.