Attorneys for Arizona ask for More Time to File Brief in Case Over Discriminatory Voter Registration Form

The Libertarian and Green Parties are currently suing Arizona in federal court, over the state’s new voter registration forms, which list only the Democratic and Republican Parties. Voters who wish to register into any other party, qualified or not, must write-in its name on the form in a very small space. The lawsuit is Arizona Libertarian Party v Bennett, 4:11-cv-856, and was filed last year.

The state has obtained an extension of time in which to file its brief. It had been due on June 11, but now is due June 29. The state says it needed an extension because its legal staff is busy adjudicating challenges to the petitions submitted by various candidates.

Update on Georgia Ballot Access Lawsuit

Last month, the Green Party and the Constitution Party filed a lawsuit against Georgia’s signature requirement to get on the ballot for President. The state’s answer was due on June 14, but the state has requested an extension of one week. Plaintiffs agreed not to oppose that request. The state says it will not oppose the motion of the political parties to expedite the case. The case is Green Party of Georgia v Kemp, 1:12-cv-1822.

Georgia requires slightly more than 50,000 signatures for independent or newly-qualifying ballot access for President. The signatures are due in July. No group has qualified to place a presidential candidate on the ballot by either type of petition, in over ten years. The only parties that don’t need to petition for President are the Democratic, Republican and Libertarian Parties. Although Americans Elect collected signatures in Georgia, it didn’t submit them and does not plan to submit them.

Georgia is in the 11th circuit. In 1985, the 11th circuit ruled that states must provide easier ballot access for President than for other office. That conclusion, in a case called Bergland v Harris, was based in the U.S. Supreme Court 1983 decision that also said states must be more lenient for President than for other office. The most difficult petition requirement that the U.S. Supreme Court has ever upheld concerning presidential ballot access was the Texas requirement, which was and continues to be a petition of 1% of the last gubernatorial vote. If Georgia had a petition requirement for president of 1% of the last gubernatorial vote, the state’s requirement this year would be 25,762 signatures.

Independent Presidential Petition Deadlines Pass in the Two Earliest States

North Carolina and Vermont require independent presidential petitions to be submitted by June 14. These two states have the earliest such deadlines in the nation. Lawsuits are pending in both states, and also a bill is pending in the North Carolina legislature to ease ballot access.

Vermont requires 1,000 signatures. The Republican, Democratic, Libertarian, and Americans Elect are already qualified parties in Vermont, so they did not need to petition. Groups submitting signatures by the deadline include the Green Party, the Constitution Party, the Party for Socialism and Liberation Party, and the Justice Party. Vermont permits candidates who use the independent candidate procedure to choose a party label that appears on the November ballot. Vermont also has two other qualified parties that are not affiliated with any national party, the Progressive Party and the Liberty Union Party. The Progressive Party is not expected to have a presidential candidate. Liberty Union will nominate someone for President; no date has been set for the party’s presidential convention, but Stewart Alexander of the Socialist Party and Rocky Anderson of the Justice Party each have some chance to get the Liberty Union nomination.

Vermont requires petitioning groups to transport petitions collected from voters in each town to that town’s town clerk. Then, the petitioning groups must collect the verified signatures and take them to the Secretary of State. The Justice Party was unable to persuade all the town clerks to verify their petitions in time, so the Justice Party submitted all its signatures to the Secretary of State, including some not yet verified by the town clerks. The Justice Party will ask that the Secretary of State apply leniency. This is the first presidential election in which Vermont’s deadline has been so early; in past presidential elections it was in September, and, before that, in October.

Meanwhile, the lawsuit against Vermont’s June petition deadline is pending in the State Supreme Court. The original schedule required all briefs to be submitted by May 22, but the state asked for, and obtained, two extensions of time to file a brief. It is not clear if the Vermont Supreme Court will hear the case before the election. The case is called Trudell v Markowitz, 2011-311. Here is the state’s brief.

In North Carolina, no independent presidential petitions were submitted. Parties that are already ballot-qualified in North Carolina are Democratic, Republican, Libertarian, and Americans Elect.

Michigan State Appeals Court Says Ballot Measure Should be on Ballot, Despite Dispute Over Font Size

On June 14, the Michigan State Court of Appeals, in effect, has put a statewide referendum back on the Michigan ballot. Earlier, the State Board of Canvassers had taken it off the ballot, on the ground that the font size on the petition was slightly different than the required font. See this story. It is still possible the Michigan Supreme Court will reverse the State Court of Appeals. The case is Stand Up for Democracy v Secretary of State, 310047.

The decision actually was released on June 8, but the 3-judge panel had stayed its own decision, while all the judges considered whether to rehear the case. But on June 14, the other judges said they didn’t wish the case reheard. The June 8 opinion says that the petition font really was too small, but that the panel is bound by a 2002 decision that says substantial compliance is good enough. The law requires 14-point font and the court concluded that the petition used 12-point font. Font sizes are sometimes ambiguous and date back to a French standard established in 1737. Thanks to Thomas Jones for the link.