As noted earlier, on October 7, the Ohio legislature asked to intervene in Libertarian Party of Ohio v Husted, the ballot access case. Here is the state legislature’s brief, asking the U.S. District Court to let it intervene so that it may appeal the Libertarian Party’s September 7 victory. The legislature says it wants to intervene because the Secretary of State is not appealing.

Here is the Libertarian Party’s response, filed on October 8. The party argues that the U.S. District Court should not permit the legislature to intervene, mostly because the legislature waited an entire month after the party won injunctive relief. As the party’s brief notes, the Ohio Secretary of State had told the press on September 8 that he was not appealing. The party says it wouldn’t be fair to let the legislature intervene now, because the deadline for individual Libertarians to petition onto the Libertarian primary ballot is December 7, 2011. Anyone running in the Libertarian primary for U.S. Senate, or for President, needs 1,000 signatures. Presidential primary candidates cannot begin to petition until they have chosen a slate of delegates.

The October 8 Denver Post has this editorial, praising a lower state court for refusing to stop Denver from sending mail ballots to inactive voters, and making suggestions for policy changes.

On October 7, California Governor Jerry Brown vetoed SB 205, which made it a crime to pay registration workers on a per-registration card basis. Because Proposition 14 has left California minor parties with only one means to remain on the ballot, by having registration equal to 1% of the last gubernatorial vote, this veto will help minor parties. The Green, Libertarian, and Peace & Freedom Parties had asked that the bill not be signed. The veto message says, “Voting is at the heart of our democracy. Efforts to register voters should be encouraged, not criminalized.”

Brown also acted on four other election law bills. He signed SB 397, which makes it possible for voters to register to vote on-line. He also signed SB 202, which says that statewide initiatives cannot appear on primary ballots, but must wait for the general election.

He vetoed SB 334, which would put the names of the five biggest spenders on either side of a statewide ballot measure in the state ballot pamphlet. His veto message says the pamphlet printing schedule would exclude spending reported later than 15 weeks before the election, and consequently the pamphlet might give a false impression of who the big spenders are.

He vetoed AB 651, which would require paid petition gathering companies to register with the Secretary of State, make frequent reports, including details about how they train circulators. Thanks to Jack Dean for this news.