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.

Pennsylvania voters elect Supreme Court Justices, and Superior Court judges, on November 3, 2009, in partisan elections. The Libertarian Party has one nominee on the ballot for Superior Court Judge, Marakay Rogers. This is the first time a minor party or independent candidate has appeared on the statewide ballot in Pennsylvania in an odd year since 1993.

The party was able to place Rogers on the ballot this year because one of the Superior Court races is a special election. Pennsylvania does not require qualified parties to submit a petition in order to place a nominee on the ballot in a special election. The Libertarian Party is the only “qualified” statewide party in Pennsylvania, other than the Democrats and Republicans. It has that status because it polled more than 2% of the highest vote-getter’s vote for a statewide office in 2008. Normally, “qualified” status doesn’t mean much, because another Pennsylvania election law says “qualified” parties must be treated as though they weren’t qualified unless they have registration membership of over 1,000,000 voters. But, the law makes an exception for special elections, and the Libertarian Party has put that loophole to good use this year.

The last time a minor party had a nominee for one of the partisan statewide judicial races in an odd year was 1993. The Patriot Party placed Robert Surrick on the ballot for Supreme Court Justice. He polled 112,820 votes, or 5.38%.