Two Powerful Election Lawsuits Involving Minor Parties Likely to be Filed in U.S. Supreme Court Soon

Two cases involving minor parties are likely to be filed soon in the U.S. Supreme Court. Both cases are very strong.

Upstate Jobs Party v Kosinski challenges New York campaign finance laws that make it possible for individuals to give more money to a major party nominee than a minor party nominee for the same office. The cert petition is due October 31. The lower courts had upheld the law, despite the fact that the U.S. Supreme Court had struck down unequal contribution limits in Davis v Federal Election Commission in 2008.

Meadors v Erie County Board of Elections challenges the May petition deadline in New York for independent candidates. The cert petition is due December 6. he lower court had said the case is moot. This flatly contradicts the U.S. Supreme Court decision Moore v Ogilvie, decided in 1969.

A third case, from Georgia over unequal campaign contribution limits, Graham v Georgia Attorney General, is not yet ready for U.S. Supreme Court action. The Eleventh Circuit had said the case is moot, and the plaintiff is now back in U.S. District Court, asking to amend the Complaint to solve the mootness problem. This is a Libertarian Party lawsuit.

New Nevada Voter Registration Tally

The Nevada Secretary of State has released a registration tally as of October 1, 2024. The percentages are: Democratic 30.04%; Republican 29.08%; Constitution (Independent American) 4.47%; Libertarian .81%; independent and miscellaneous 35.61%.

The number of Greens is not available and is contained within the “independent and miscellaneous”.

In May the percentages had been: Democratic 30.40%; Republican 28.76%; Constitution 4.37%; Libertarian .83%; independent and miscellaneous 35.64%.

New Jersey Lawsuit Over Ballot Format in Talks for Settlement

The 2020 case filed in New Jersey against discriminatory ballot format in primaries will soon undergo settlement talks. Coonforti v Hanlon, 3:20cv-8267. This is the case over the ballot format in 19 of New Jersey’s 21 counties, in which the primary candidates favored by the party organization receive a superior spot on the ballot. That system was enjoined earlier this year.

In recent months, the Democratic Parties of Union County and Middlesex County have stopped supporting the old law, as has the Burlington County Clerk.

It seems likely that the New Jersey legislature will address ballot format next year. It is hoped that New Jersey’s minor parties will participate in the legislative process, so that the discriminatory ballot format in the general election can also be fixed.