The Pennsylvania Commonwealth Court will hear arguments in Nomination Papers of Nevin Mindlin, 1392 C.D. 2013, on September 12, Thursday, at 9:30 a.m. in Harrisburg. This is the case over whether independent candidates must use a Substitution Committee. The lower court had ruled against the candidate, who is an independent running for Mayor of Harrisburg.

Pennsylvania law provides that petitions for the nominees of unqualified parties, as well as independent candidates, use the same type of petition form, and that form has a space for the group, or the independent candidate, to list members of a “substitution committee.” This is a useful idea, for minor parties. But it makes little sense for a true independent candidate. The purpose of having a “substitution committee” is to replace any of the candidates listed on the petition, if they die or withdraw. But generally, an independent candidate has no need of a substitution committee, because the independent candidate generally feels that if he or she withdraws, there is no desire or rationale to come up with a substitute. Yet so far the state takes the position that independent candidates must have a substitution committee. Mindlin submitted enough valid signatures to be on the ballot, but he was still kept off, because he didn’t fill in the part of the petition that asks for names of members of his substitution committee.

The Des Moines Register has this story about Professor Charles Wheelan’s Centrist Party, and how it is organizing in Iowa and some other states.

On August 22, the Hawaii Democratic Party submitted an affidavit to a U.S. District Court that is hearing the party’s lawsuit against the open primary. The state party chairman submitted information about the party’s current policy of inviting Hawaii registered voters to join the party. The affidavit says the party has approximately 65,000 members. One joins the party by going to the party’s web page and filling out an application. Members sign that the generally agree with the party’s goals. Here is the form. The party asks for a contribution of $25, but it is voluntary.

The state still hasn’t submitted its brief in defense of the current election law, which requires all qualified parties to nominate by primary. Hawaii voter registration forms do not ask the applicant to choose a party, and on primary day, any voter is free to vote in any party’s primary.