Minnesota Supreme Court Cancels Special Legislative Election That Would Have Virtually Barred Independent and Minor Party Candidates

On Friday, January 17, the Minnesota Supreme Court unanimously cancelled a special legislative election set for January 28. The special election schedule had been set by Governor Tim Walz, and allowed only one day for any independent or minor party candidate to collect 500 signatures. Minnesota Voters Alliance and Republican Party of Minnesota v Walz, A25-0017.

The basis for the decision is the election law that says the schedule for the special election cannot be set until 22 days after the start of the legislative session. The special election is needed because one of the winning Democrats, the victor of the election in House district 40B, was successfully challenged after the election on the grounds that he did not live in his district. After a trial court removed him, he decided not to appeal. That case was called Wikstrom v Johnson. Once it became clear that the seat was vacant, the Governor called an immediate special election, but now the State Supreme Court has cancelled that election.

Cornel West North Carolina Ballot Access is Still Alive

In August 2024, a U.S. District Court issued an injunction, requiring North Carolina to put Cornel West and his party on the ballot. Ortiz v North Carolina State Board of Elections, e.d., 5:24cv-420. The State Board had argued that the party should not be on, because some of its signatures had been collected by a group that was distinct from the party itself. Also the State Board had argued that it had surveyed some of the voters who had signed the petition and a few of them had said the petitioners did not explain what the petition was for. The U.S. District Court had rejected these concerns when it issued its injunction.

Now West wants to same court to issue declaratory relief on those points, but the State Board of Elections is arguing that the case is moot and should be dismissed. “Declaratory relief” means a court decision that declares what the law is, so that there is clarity in the future.

Georgia Libertarian Party Files Ballot Access Brief in Eleventh Circuit

On January 17, the Georgia Libertarian Party filed this brief in the Eleventh Circuit in Cowen v Raffensperger, 24-13164. This is the case challenging the 5% petition for independent U.S. House candidates, and the nominees of parties for U.S. House if that party didn’t poll 20% of the vote in the last election for President or Governor.

Even if you don’t normally read briefs, you should read this one. The opening pages give a fascinating history.

Robert F. Kennedy, Jr, Illinois Ballot Access Lawsuit Gets a New Start

On January 17, the Libertarian Party of Illinois, and independent U.S. House candidate Angel Oakley, joined the Robert F. Kennedy, Jr. ballot access lawsuit with an amended Complaint. Team Kennedy v Illinois State Board of Elections, n.d., 1:24cv-7027. Here is the Amended Complaint.

The lawsuit now attacks the Illinois restrictions that prevent circulators from working for independent and minor party petitions if they had earlier that year circulated for primary candidates, whether inside Illinois or in other states. It also attacks the notarization requirement for petitions, and the 90-day limit on petition circulation, and the requirement that presidential candidates must have chosen presidential elector candidates early in the process.

Pennsylvania Supreme Court Will Decide Case On Validity of Postal Ballots with Missing or Incorrect Dates

On January 17, the Pennsylvania Supreme Court agreed to hear Baxter v Philadelphia Board of Elections, 395 EAL 2024. This is the case over the validity of the law that says postal ballots are invalid if the voter either forgets to include the date on the outer envelope, or puts an incorrect date. The lower court had invalidated the law on the basis of the State Constitution’s provision that elections shall be “free and equal.”

No other state invalidates postal ballots for that reason. Generally states don’t even ask for a date on the outer envelope.