Pennsylvania Challenge Process Pauses for Determination of Some Legal Issues

After almost three weeks of Pennsylvania state court proceedings in Philadelphia and Harrisburg, approximately 41,000 signatures on the Libertarian Pennsylvania statewide petition have been processed. There are still 8,500 unprocessed signatures.

“Processed” means that both sides have looked at each processed signature, and either both sides agree that the signature is valid, or both sides agree it isn’t valid, or the two sides disagree. Many of the disagreements hinge on certain unresolved legal issues, such as whether a petition signature is valid if the signer put the month and day in the “date” column, but not the year. The printed forms all says “Revised January 2012” at the bottom, so it is obvious that all the signatures were signed in 2012. But the challengers say those signatures aren’t valid.

“Processing” will be suspended while some of the legal issues are argued, which will be done on September 12. If the determination of various legal issues means that the unprocessed 8,500 signatures will determine whether the petition has enough valid signatures, then the “processing” will start again for those signatures. In the meantime Pennsylvania is one of the states that can’t start printing ballots. The legal requirement is 20,601 signatures.

Michigan Secretary of State Says Gary Johnson of Texas Can’t Be on Ballot

On September 7, Ruth Johnson, Secretary of State of Michigan, informed the Libertarian Party that she won’t print Gary Johnson of Austin, Texas, on the November ballot, because Michigan has no procedure for contingent presidential or vice-presidential party nominees.

However, Michigan has no statutory procedure for a qualified party to substitute a new presidential or vice-presidential nominee either, yet in 1972, when the Democratic nominee for vice-president resigned from the ticket, Michigan let the Democratic national committee choose a new vice-presidential nominee. The national convention had nominated Thomas Eagleton in July, but he had resigned from the ticket in August, and Sargent Shriver was chosen to replace him. All fifty states made the substitution.

What is at stake is the First Amendment right of candidates for presidential elector to have printed on the ballot the name of the candidates for President and Vice-President that they say they will vote for. Also at stake is the ability of the Libertarian candidates for presidential elector to continue to be recognized as candidates themselves.

Kentucky Secretary of State Says All Three Presidential Petitions are Valid

The Kentucky Secretary of State’s office has already approved all three presidential petitions submitted earlier. Therefore, Kentucky will have five presidential candidates on its ballot, the nominees of the Republican, Democratic, Libertarian, and Green Parties, and independent candidate Randall Terry.

This is the first time the Green Party presidential nominee has been on in Kentucky since 2000. Thanks to Tamar Yager for this news.

Top-Two Open Primary Initiative in Arizona Will be on Ballot as Proposition 121

On September 7, the Arizona Supreme Court dismissed a lawsuit over whether the top-two open primary should be on the ballot. See this story. Here is a link to how the measure will be presented on the ballot. Scroll down to page eight. Note that the measure is not called “Open primary”; it is called a “top-two primary.” However, virtually every newspaper in Arizona recently has referred to the measure as an “open primary.”