On September 13, the Michigan Libertarian Party asked U.S. Supreme Court Justice Elena Kagan (the judge who has jurisdiction over the 6th circuit during the Court’s summer recess) to intervene in Libertarian Party of Michigan v Ruth Johnson. This is the case over how to interpret Michigan’s “sore loser” law, and whether it is constitutional if it does apply to presidential primaries. Here is the filing.

The Vermont Secretary of State’s office has ruled that Jill Stein, Green Party presidential nominee, will not be on the Vermont ballot. The office ruled that the court victory won by Rocky Anderson of the Justice Party only applies to Anderson, and the principles set forth in that decision will not be extended to other presidential candidates who were in a similar situation.

On September 13, a 3-judge panel of the Pennsylvania Commonwealth Court issued an opinion in In re Nomination Paper of Robertson, 507 MD 2012, the case over whether the statewide Libertarian petition has enough valid signatures. By a vote of 2-1, the Court ruled that signatures are not invalid just because the signer had moved and showed the new address on the petition, whereas the signer is still registered at the old address. However, that is only true for signers who moved within the county, not to another county. Here is the court order. Scroll down to the bottom to get the substance.

The Libertarian Party lost on the issue of whether a signature is invalid if the signer put the month and day, but not the year, in the date column. However, such signatures can be redeemed if the signer signs a new affidavit saying he or she signed in 2012, but such affidavit is due September 21. Obviously it would be extremely difficult for the party to locate these signers and obtain such an affidavit, especially in just eight days. The vote on that was also 2-1; the dissenting judge felt the signatures are valid. The form says at the bottom “Revised January 2012.”

It seems somewhat plausible that the first part of the decision, concerning the validity of signatures when the signer moved within the county, will provide enough valid signatures that the petition will be verified. However, it is very likely that the Commonwealth Court decision will be appealed to the State Supreme Court. Thanks to Richard Schwarz for the link.