On May 19, the Third Circuit found that the Constitution, Green and Libertarian Parties of Pennsylvania all lack standing to challenge three election law problems. The 10-page opinion says the parties lack standing to challenge the system of imposing costs of up to $110,000, because all their statewide candidates in 2010 voluntarily withdrew their petitions after they were challenged. According to this logic, the candidates would need to actually risk being assessed costs, to challenge the system.

The opinion says the parties lack standing to challenge the 15% registration requirement for permanent ballot status, because their complaint seems to be related to the fear that costs will be imposed on them if they are forced to petition. Of course, the parties had challenged the 15% petition because the petition is intrinsically onerous, not just because they are afraid to jeopardize their finances. Finally, the opinion says the parties can’t challenge the failure of many counties to canvass write-in votes, because to do this, they should have waited until after the 2010 election and specify the exact details of this failure. The fact that the parties had presented evidence that 2008 write-ins had not been counted in many counties seems not to matter.

There is not a word in this short opinion about the issues themselves, so in theory all of these issues can be raised again in a new lawsuit, with a different procedural posture. The opinion is stamped “not precedential”, which probably means it won’t be published. It is possible the plaintiff political parties will ask for a rehearing en banc, or appeal to the U.S. Supreme Court. The written was written by Judge Michael Chagares (a Bush Jr. appointee), and signed by Judges Maryanne Trump Barry (a Clinton appointee, and sister of Donald Trump), and Jane Roth (a Bush Sr. appointee). These judges had not permitted any oral argument in this case.

On May 18, the Ohio House passed one of the Secretary of State’s omnibus election law bills, HB 194. The bill is apparently an attempt to repair the old law for minor party ballot access, because the old law was held unconstitutional in 2006. The bill moves the petition deadline (to qualify a new party) from 120 days before the primary, to 90 days before the primary. It also moves the entire primary (for President and all other office) in presidential election years from March to May. Therefore, if this bill is signed into law, the 2012 petition deadline will be early February. In Jenness v Fortson, the U.S. Supreme Court said a February petition deadline to qualify a new party is “unreasonably early.” Therefore, this bill, if signed into law, would likely still be unconstitutional.

The bill does not lower the number of signatures for a new or minor party, nor does it change the vote test for a party to remain ballot-qualified. The omnibus election law bill in the Senate, SB 148, at least lowers the number of signatures from 1% of the last vote cast, to one-half of 1% of the last vote cast. Also the Senate bill has a special provision for parties that only want to run for President to submit signatures 80 days before the general election, but the House bill does not. Thanks to Frontloading HQ for the news about HB 194 passing the House.

On May 18, the Arkansas Libertarian Party submitted approximately 16,000 signatures to become a qualified party in Arkansas for the first time. The law requires 10,000. The party held a press conference; see this story.