On December 16, the U.S. Supreme Court revealed that it has refused to hear Libertarian Party of Michigan v Ruth Miller, 13-442. This is the case over whether Gary Johnson should have been on the Michigan ballot as the Libertarian nominee in November 2012.

The U.S. Supreme Court has not agreed to hear any election law case brought solely by a minor party, or an independent candidate, or their voters, since 1991, if that minor party or independent candidate had lost in the lower court. The only exception is a case from Georgia in which a Libertarian nominee was kept off the ballot because he had refused to take a test for illegal drugs, in defiance of a state law that did not permit candidates to get on the ballot for state office unless they took a urine test.

Here is a short news article about the denial.

On December 13, U.S. District Court Judge Eric Melgren issued an order in Kobach v U.S. Election Assistance Commission, 5:13cv-4095. This is the case in which the Secretaries of State of Kansas and Arizona sued the U.S. Election Assistance Commission in order to get permission to change the federal voter registration postcard form within those two states. The federal form asks applicants to sign under penalty of perjury that they are citizens. Those two states want applicants to be told that they must attach paperwork proving they are citizens. The states want the federal form altered, for use within those two states.

The judge’s order tells the U.S. Election Assistance Commission to make a decision on whether those two states may have their wish granted. The order notes that even though there are no sitting Commissioners on that agency, that the federal government has alleged that the staff of the Election Assistance Commission has the authority to decide. The judge’s order says that if the Election Assistance Commission has done nothing by January 17, then the inaction will be deemed to be a refusal. Thanks to Rick Hasen for this news.

On December 13, Bruce Hyer, who had been elected as an independent candidate to the Canadian Parliament, announced he is switching to the Green Party. He represents part of western Ontario. The Green Party now has two members of the Canadian lower house. See this story. The news was not too surprising, because a week ago he had said he would be joining one of the parties, although at the time he didn’t say which one.