Late on August 15, the Colorado Supreme Court voted 3-3 not to hear the lawsuit called Libertarian Party of Colorado v Gessler. Therefore, the party’s win in the lower state court stands. As a result, all candidates who wish to run in the two upcoming State Senate Elections have until August 26 to submit their petitions. Minor party and independent candidates need 600 signatures. The elections will be September 10. They are simultaneously recall elections and special elections, but if the voters vote to retain the State Senator being recalled, the special election itself (held on the same ballot) becomes moot. Thanks to Rick Hasen for this news.
On August 15, a lower Pennsylvania state court removed two independent candidates from the Harrisburg ballot, for city elections on November 5, 2013. See this story. The two candidates didn’t fill out the “substitution committee” blank on their petitions. A “substitution committee” has the authority to replace the candidates listed on the petition, if those candidates die or withdraw. It doesn’t make sense to have a mandatory “substitution committee” for independent candidates. That part of the petition is more to assist minor parties, who could be expected to want to replace any nominee who couldn’t run, but the same logic doesn’t apply to independent candidates. Thanks to Curtis Boyd for the link.
The Philadelphia Inquirer has this story about the New Jersey Socialist Party’s recent state convention in New Brunswick.
The Socialist Party’s lawsuit against New Jersey, over whether voters should be permitted to register into the Socialist Party, was filed on June 25. The state still has not responded. That case is Noble v State, pending in Mercer County Superior Court, number 86-13.
On August 9, two Ohio advocacy groups asked the U.S. Supreme Court to overturn an Ohio law that makes it a crime for anyone to knowingly or recklessly make a “false” statement about a candidate or a ballot measure. Here is the cert petition. The case is Susan B. Anthony List and Coalition Opposed to Additional Spending and Taxes v Driehaus, 13-193.
The lower courts had refused to make a decision about the constitutionality of the law. Ever since the law has existed, there have been many lawsuits in both federal and state courts to overturn this law, but the courts invariably find procedural reasons to abstain from deciding whether the law violates the First Amendment.
The August 14 Patriot-News, Harrisburg’s newspaper, has this strong editorial condemning Pennsylvania’s ballot access laws and practices.