According to this story, Ohio Secretary of State Jon Husted still hasn’t decided whether to appeal Hunter v Hamilton County Board of Elections to the 6th circuit. This is the case over whether the Equal Protection Clause of the U.S. Constitution requires that certain provisional ballots be counted, in a November 2010 election for Juvenile Court Judge. The case is theoretically very important, because there aren’t many decisions that invoke the Equal Protection Clause to protect the right of voters to have their votes counted.

On February 21, at 3:15 p.m., former Congressman Virgil Goode will declare his presidential candidacy in front of Federal Hall, 26 Wall Street, New York. Federal Hall is where George Washington was first inaugurated as President, and was the site of the first U.S. capitol building under the Constitution.

Goode will announce that he is seeking the Constitution Party’s presidential nomination. Assuming he receives it, he will be the first Constitution Party presidential candidate who has held elective federal or state office.

It is possible that three former holders of high elective public office will be running for President in 2012 outside the two major parties: Gary Johnson (a former two-term Governor), Buddy Roemer (a former Governor and former member of Congress) and Goode may all be running in November.

On February 16, U.S. District Court Judge Charles Lovell heard Lair v Murray, cv12-12-H, over Montana’s ban on independent expenditures about candidates for state office. According to this article, even though the Montana law seems to violate Citizens United v FEC, Judge Lovell is disinclined to enjoin the law. That is because the same group of plaintiffs in this case had already lost on that same issue last month in the Montana Supreme Court.