The Libertarian Party’s lawsuit against Louisiana for keeping Bob Barr off the ballot last month is still alive and active. Here is the party’s 43-page brief, filed on December 8 in the 5th circuit. One little-known fact about this case is that both the Democratic and Republican Parties also failed to file their presidential elector candidates by the statutory deadline, September 2. The Secretary of State created a new deadline (September 8) by fiat, but the case argues that under Article II, only state legislatures can create election laws.

On December 17, the 9th circuit denied a rehearing en banc in Alaskan Independence Party v State of Alaska, 07-35186. The issue was whether a political party’s freedom of association extends to controlling who can run in its primary. The original decision on October 6 sided with the state, but didn’t really grapple with the constitutional issues involved, and seemed to think the case was about whether the government can require parties to nominate by primary. It is possible the Alaskan Independence Party will ask for U.S. Supreme Court review.

At least two lawsuits are pending over the Post Office’s regulation that bans petitioning on interior Post Office sidewalks. The case filed in 2000 is still in U.S. District Court in Washington, D.C., but is likely to have an opinion soon. That case is Initiative & Referendum Institute v U.S. Postal Service, 00-cv-1246.

The other case is Del Gallo v Parent, 08-1511. It had a hearing in the 1st circuit on December 1. One of the three judges seemed favorable to the post office regulation; one judge seemed favorable to the plaintiff (who was petitioning to get on the Massachusetts Republican primary ballot); and one judge didn’t seem to reveal his thoughts. The case arose in Pittsfield, Massachusetts. A decision in this case is probably several months away.