On July 12, the Third Circuit refused to reconsider its ruling in Constitution Party v Cortes. The original ruling had said the Constitution, Green and Libertarian Parties of Pennsylvania don’t have standing to challenge any of these election law problems: (1) the failure of some counties to count write-ins, even though the law is clear that all write-in votes are valid; (2) the failure of the state elections department to tally the write-ins that were counted for Cynthia McKinney in November 2008 for President; (3) the law mandating that a party have registration of 15% of the state total before it can avoid petitions for its nominees; (4) the state’s unique system of charging up to $110,000 if a petition is submitted that lacks suficient signatures.
It is somewhat likely that new lawsuits will be filed soon, with slight variations, to make it logically impossible for any honest court to say there is a standing problem. The petition for rehearing had been pending since June 3.