As is well-known to most readers, Pennsylvania is the only state in which the validity of petitions can only be determined by a court, and the proceedings for statewide petitions in court runs to hundreds of thousands of dollars. Back on March 13, 2013, but not previously noted here, a Pennsylvania Commonwealth Court issued a 14-page opinion, explaining why the Libertarian Party of Pennsylvania cannot recover court costs from the people who objected to the party’s statewide petition, even though the Libertarians won the court case and did appear on the ballot.
Page ten of the opinion says “Although the large number of erroneous challenges (by the people who challenged the Libertarian petition) is disturbing, it does not by itself show bad faith by Objectors where Objectors also affirmatively cooperated to resolve the validity disputes by stipulation and there was a substantial amount of error on both sides.” This decision tends to illustrate how arbitrary the Pennsylvania system is, on the variable of when court costs are or aren’t awarded. It also shows how vague the system is on the variable of when the winning side must request payment. Thanks to Tom Stevens for the link to the opinion.