On January 16, U.S. District Court Judge John P. Bailey ruled that the lawsuit Constitution Party of West Virginia v Jezioro, no. 2:08-cv-61, should proceed to trial. The party had filed the lawsuit on April 18, 2008, against the state Division of Natural Resources, over whether the state was unconstitutionally preventing the party from circulating its ballot access petition in state parks. The Division of Natural Resources had then tried to get the case dismissed without a trial, but the Court issued a 17-page ruling saying that a trial is needed. Judge Bailey is a Bush Jr. appointee at the federal court in Elkins.

Eight South Carolina Representatives have introduced H3140, a bill to set up partisan registration in that state. The sponsors are Garry Smith (R-Simpsonville), Dan Hamilton (R-Taylors), Wendy Nanney (R-Greenville), Eric Bedingfield (R-Mauldin), James Harrison (R-Columbia), William Wylie (R-Simpsonville), Michael Pitts (R-Laurens), and Jim Merrill (R-Charleston).

In the last twenty years, the only two states that have added registration by party are Rhode Island and Utah.

The Pennsylvania “Voters Choice Act”, which improves ballot access for minor parties and independent candidates, has not yet been introduced in the Pennsylvania legislature. However, the Senate sponsor of the proposed bill, Senator Mike Folmer (R-Lebanon) has already identified six other Senators who have said they will co-sponsor the bill. They include one Democrat and five Republicans.