Candidate Files Federal Lawsuit to Overcome Age Limit to Hold City Office

On September 24, Brett McClafferty, who is 21 years old, filed a federal lawsuit against a new city ordinance in Streetsboro, Ohio, requiring candidates for Mayor to be at least 23 years of age by the time of the mayoral election. The case is McClafferty v Portage County Board of Elections, 5:09-cv-2210. The election is this November, so Judge Sara Lioi is expediting the case. The hearing is Tuesday, Sep. 29, at 9 a.m. in Akron. See this story. Thanks to Carter Momberger for the link.

Oral Argument Set in Pennsylvania Federal Ballot Access Case

A U.S. District Court in Philadelphia will hear oral arguments in Constitution Party v Cortes on Monday, October 19, at 10 a.m., in the federal courthouse at 601 Market Street. The state will try to persuade the judge to dismiss the case without any further evidence. It would be valuable if people interested in this case could attend. The lawsuit, filed by the Constitution, Green and Libertarian Parties, challenges Pennsylvania’s unique system of charging candidates and parties for the costs of checking their petitions, if they fail to have enough valid signatures. It also challenges the careless way in which some counties count write-ins and others don’t, and the abitrary manner in which the state tallies write-ins for some candidates and not others, and finally it challenges the requirement that a party have approximately 1,000,000 registered voters before it can be on the November ballot without having to petition for its nominees.

West Virginia Dismisses Its Own Appeal in Petitioning in Parks Case

On September 22, the lawsuit Constitution Party of West Virginia v Jezioro was voluntarily dismissed by the West Virginia state agency that runs public parks. The Constitution Party had won the case in U.S. District Court on June 3, 2009, and the state had appealed. But the state has now dropped its appeal. The lawsuit arose in 2008 when officials of the state parks refused to let the party’s petitions be circulated in a particular state park.