The unofficial election returns for U.S. House, Arizona 2nd district, are: Republican Martha McSally 109,704; Democratic incumbent Ron Barber 109,543. This is so close, there will be a recount. But Congressman Barber, along with some voters, have filed a federal lawsuit which argues that some legal votes were not counted. Barber v Bennett, 4:14cv-2489. It is being heard on Wedneday, November 26, by U.S. District Court Judge Cindy Jorgenson, a Bush Jr., appointee.

Some of the plaintiffs had their provisional ballots rejected because election officials felt their signatures on the provisional ballot outer envelope don’t look like their signatures on the voter registration records. When the voters attempted to submit evidence that they are the same person, they were rebuffed. The lawsuit identifies 133 voters whose votes were not counted, but should have been, in the opinion of the plaintiffs. Although the margin between the two candidates in the unofficial tally is 161 votes, since there will be a recount, each vote might matter.

There were no minor party or independent candidates on the ballot in this race. The district includes eastern Pima County and Cochise County. See this story.

On November 26, attorneys for Pennsylvania state election officials withdrew their motion to dismiss the case Constitution Party of Pennsylvania v Aichele, e.d., 5:12cv-2726. The case will now proceed. This is the case challenging the unique Pennsylvania system that puts petitioning groups at risk of being forced to pay court costs if their petitions are rejected.

In 2014, the Utah legislature passed a bill providing that a candidate can get on a primary ballot even if he or she does not have much support at a party caucus. Prior the the 2014 bill’s passage, Utah was the only state in which it was impossible for anyone to get on a partisan primary ballot for any office unless the candidate showed prior support at a party caucus.

The Utah Republican Party doesn’t like the 2014 bill, and will soon file a lawsuit to overturn it, according to this story.

The U.S. Supreme Court decision New York State Board of Elections v Lopez Torres, issued in 2008, makes it likely that the proposed lawsuit will win. That decision, which was unanimous, affirmed that political parties have a First Amendment right to stop direct nomination of candidates in their own primaries, if that is what they want. The 2008 decision upheld a New York law that says political parties nominate candidates for Supreme Court Justice in party conventions. The lower courts had said there must be a method for candidates to get on a primary directly, but the U.S. Supreme Court reversed the lower courts.