The Fourth Circuit will hear Pisano v Strach, 13-1368, on Tuesday, October 29, at 9:30 a.m. in Richmond, Virginia. The issue is North Carolina’s May petition deadline for newly-qualifying parties. A subsidiary issue is whether the U.S. District Court erred when it refused to let the plaintiffs (the Green Party and the Constitution Party) engage in the discovery process, so as to ask the state for detailed information about why the May petition is necessary.

Ballot access cases are pending in several circuits besides the Fourth Circuit. The Ninth Circuit has a case on the residency requirement for petitioners in Alaska, and a case on Arizona’s discriminatory voter registration form that lists only two of the five qualified parties. The Eleventh Circuit has a case on Georgia’s petition requirements for presidential candidates. The Third Circuit has a case on Pennsylvania’s challenge system. The Sixth Circuit has a case on Tennessee’s ballot access requirements for newly-qualifying parties and whether it is constitutional to always give the two major parties the best spots on the ballot.

The Tenth Circuit has a case brought by an independent candidate and her supporters that does not concern ballot access, but concerns Colorado’s discriminatory contribution limits.

Late on August 15, the Colorado Supreme Court voted 3-3 not to hear the lawsuit called Libertarian Party of Colorado v Gessler. Therefore, the party’s win in the lower state court stands. As a result, all candidates who wish to run in the two upcoming State Senate Elections have until August 26 to submit their petitions. Minor party and independent candidates need 600 signatures. The elections will be September 10. They are simultaneously recall elections and special elections, but if the voters vote to retain the State Senator being recalled, the special election itself (held on the same ballot) becomes moot. Thanks to Rick Hasen for this news.