On October 7, the very last day for an appeal to be filed in Libertarian Party of Ohio v Husted, the Ohio legislature filed papers to intervene in the case, and to appeal to the 6th circuit. The Secretary of State doesn’t want to appeal, but the legislature does. First the legislature will need to persuade the court to let it intervene. If the legislature is permitted to appeal, then it will ask the 6th circuit to overturn the U.S. District Court order of September 7 that put the party on the 2012 ballot.

The legislature’s action is especially surprising, given that the law passed by the legislature in 2011, HB 194, is now suspended. With HB 194 not in effect, and with the primary set for March instead of May, the statutory deadline for new parties to submit a petition to be on the ballot in 2012 is November 2011, the very same deadline held unconstitutional in 2006 by the 6th circuit. Even if HB 194 weren’t suspended, the deadline would be in December 2011, almost as bad. Furthermore, due process would seem to provide that even if December 2011 were constitutional on its face, such a deadline can’t be imposed on such short notice.

HB 194 is suspended because a referendum petition was recently filed. When new laws are subject to a referendum, they can’t go into effect until the voters vote on the new law. Assuming the referendum petition has enough valid signatures, that vote on HB 194 would be in November 2012.

On October 6, a Michigan State Court of Appeals ruled 2-1 that a recall election set for November 8 should not be held. The Court did not explain its reasoning. Ballots have already been printed. The recall was aimed at state Representative Paul H. Scott, author of a bill that passed this year making it easier to fire teachers. The teachers were the prime force behind the recall petition. The case is Scott v Director of Elections, 306155.

Scott argued that the statement on the recall petitions, explaining why he should be repealed, was untruthful. On September 12 a lower court had ruled that the recall should go ahead, and that it was not the function of a court to determine whether the statement on the petition was true or not. Scott also argued that until his lawsuit over the statement had been settled, elections officials should not have validated the petition. The petition had 11,000 signatures, and elections officials ruled that it had more than enough valid signatures.

No Michigan legislator has been recalled since 1983.

On October 6, according to this story, Olivia Cortes withdrew from the November 8, 2011 special recall election for Arizona State Senate in Senator Russell Pearce’s district. However, her name will remain on ballots, but notices will be posted at polling places saying she is no longer a candidate. If anyone votes for her anyway, the vote won’t be counted. The lower state court hearing in the lawsuit over whether she should be removed from the ballot has been canceled.