U.S. Supreme Court Probably Won’t Hear Virginia’s Appeal in Out-of-State Circulator Lawsuit

On November 26, the U.S. Supreme Court held a conference to decide which cases to accept. A few hours later, the Court announced that it is taking four particular cases, none of them election law cases. This probably (but not certainly) means that the Court won’t hear Judd v Libertarian Party of Virginia, 13-231. That case was on the Court’s conference list for November 26.

The Court won’t say which cases from its November 26 conference it rejected, until Monday morning, December 2. Because the Virginia case wasn’t accepted today, chances are very high that it will be on the December 2 list of cases rejected. But sometimes the Court puts a case on its conference and can’t decide whether or not to hear that case. So it is still possible that the Court will hear the Virginia case. If the Court hasn’t yet made up its mind about that case, next week it will re-list it for a future conference date.

Judd v Libertarian Party of Virginia is the case over the constitutionality of bans on out-of-state circulators. The U.S. District Court, and all three judges on the Fourth Circuit, had rejected Virginia’s ban, so Virginia then asked the U.S. Supreme Court to overrule the lower courts.

Another election law case that was on the November 26 conference, and which will also probably be rejected when the December 2 list is published, is Nader v Federal Election Commission, in which Ralph Nader argued that he does have standing to sue the FEC. He had sued the FEC because the FEC did not require the Democratic National Committee and its allies to report their expenses in keeping him off the ballot in many states in 2004. The U.S. Court of Appeals said Nader doesn’t even have standing, and Nader had hoped to persuade the U.S. Supreme Court to reverse that opinion.

New Mexico Constitution Party Asks State Supreme Court to Put it on 2014 Ballot

On November 25, the New Mexico Constitution Party asked the State Supreme Court to rule that it should be considered a ballot-qualified party for 2014. The case is Constitution Party of New Mexico v Duran, 34431. The party cites the law that says if the Secretary of State was going to disqualify the party after the 2012 election, she should have notified the party officers of her decision no later than March 15, 2013. Actually she didn’t notify them until July 18, 2013.

Also the law says when a party is disqualified, the state must sent each member of that party a letter, informing the voter. The law says that letter should have been sent no later than April 29, but actually such letters were not sent until November 1. Here is the party’s request to the State Supreme Court to hear the case.

Ohio Green Declares for Governor

On November 24, Dennis Spisak said that he will seek the Green Party’s nomination for Governor of Ohio. He was the party’s nominee in 2010, and he polled 1.52% in a four-party race. It is very likely that the Green Party will intervene in the pending Libertarian Party lawsuit, arguing that the new ballot access law cannot be applied for the 2014 election. Assuming that lawsuit wins, Ohio will hold a Green Party primary. If the lawsuit does not win, the Green Party will need approximately 28,000 valid signatures before early July 2014 in order to place Spisak on the November ballot with the party label. Or he could run as a statewide independent for 5,000 valid signatures, which are due in May. See this story about Spisak.

Pennsylvania Democratic Nominee for Local Office Asks for New Election, Because His Name was Accidentally Omitted from Ballot

A Court of Common Pleas in Crawford County, Pennsylvania, will hold a hearing on Wednesday, November 27, on whether to hold a new election for Wayne Township Supervisor. The case was brought by the Democratic nominee, Bruce M. Peterson. His complaint is that his name was accidentally left off the November 5, 2013 ballot. The county is not opposing the lawsuit, so chances are he will win the lawsuit and obtain a new election. See this story.