On October 3, the South Dakota Democratic Party held a meeting in Chamberlain, and voted to let independent voters vote in Democratic Party primaries.

In 1986 the U.S. Supreme Court ruled that if parties wish to allow independents to vote in their primaries, that is their choice, regardless of what state election law says. That case is Tashjian v Republican Party of Connecticut, 479 U.S. 208. South Dakota election law already acknowledges that parties may invite independents into their primaries, but no South Dakota party has previously done this.

Lawsuits over the identity of the actual officers of the national Reform Party have been in almost continuous existence since 2004. One case, in federal court in New York, is still active. It is Frank MacKay v Kay Allison Crews, in the eastern district, 2:09-cv-2218.

On October 1, 2009, the Defendants, who include the national party officers chosen at a convention in Texas in 2008 under the supervision of a court-appointed receiver, filed a brief to dismiss the case. The national officers chosen in the 2008 Texas convention are David Collison, chair; Rodney Martin, vice-chair; Janelle Skinner-Weill, secretary; and Beverly Kennedy, treasurer.

The existing case in New York was first filed in State Court, in 2008, on behalf of Frank MacKay, who had been elected National Chair at a different national convention, held in Sacramento, California. The New York state judge had issued an Temporary Restraining Order on May 28, 2008, and a Temporary Injunction on July 17, 2008, to stop the national convention in Texas. However, the Texas convention was held anyway. The Texas defendants in the New York state case transferred the New York case to federal court on May 27, 2009, and that case is now proceeding.

According to this AP story dated October 4, the Connecticut State Elections Enforcement Commission, which handles the public funding program, wants the Connecticut legislature to hold a special session to repair the parts of the program that were declared unconstitutional on August 27, 2009. The law had been declared unconstitutional because it massively discriminates against independent candidates and the nominees of new political parties. The case is called Green Party of Ct. v Garfield.

Although the state is appealing that decision to the 2nd circuit, it is possible that the legislature will revise the law and make any appeal moot.