On September 29, the Libertarian Party of New Hampshire filed this 15-page brief in LP of NH v Gardner, 08-cv-367. The case had been filed in 2008 to challenge the refusal of the Secretary of State to permit any unqualified party from using a stand-in presidential candidate on its petitions. This brief is in opposition to the state’s brief, asking that the lawsuit be dismissed. The state argues that if the New Hampshire Libertarian Party wanted the flexibility to get on the ballot before it had chosen its presidential candidate, the party should have done the 3% petition for party status. However, that procedure, which has existed since 1996 in New Hampshire, is so burdensome, it has only been used once (by the Libertarians in 2000). In 2008 it would have required 12,524 signatures. By contrast, in 2000, the one instance at it was used, it required 9,827 signatures. UPDATE: here is the Declaration, attached to the brief, that gives the history of using stand-in presidential candidates on petitions.

Petitioning in New Hampshire is more difficult than in other states. New Hampshire is the only state in which only one signer is permitted on each petition sheet. Partly as a result, the Green Party has never even completed the 3,000-signature statewide independent petition for its presidential candidate, except in 2000. Also the Constitution Party did not complete the 3,000-signature petition for its presidential candidate in either 2004 nor 2008.

On September 29, a U.S. District Court in Akron, Ohio, heard oral arguments in McClafferty v Portage County Board of Elections. This is the case over the constitutionality of a city ordinance that says elected city office-holders must be at least 23 years of age. Here is a description of the hearing. There is no decision yet, but one is expected very soon, as the city holds its election in November 2009. Thanks to Carter Momberger for the link.

In the last nine days, bills in the U.S. House of Representatives to provide for public funding of congressional candidates, and to provide for a plebescite on the political future of Puerto Rico, have continued gaining co-sponsors. HB 2499, the Puerto Rico bill, now has 170 co-sponsors, five more than it had on September 20. HR 1826, public funding, now has 90 co-sponsors, four more than it had back on September 20.