On October 20, a lower state court ruled that the Vermont Secretary of State was following the law when she disallowed the Green Party’s status as a qualified minor party, back in January 2008. The consequence is that Cynthia McKinney will not be on the ballot, and voters who wish to vote her will need to cast a write-in vote. Vermont does not require write-in candidates to file a declaration of write-in candidacy. However, Vermont has a bad record when it comes to tallying write-ins for president and making the tally part of its official state election returns. For example, in 2004, the Vermont Secretary of State refused to provide a tally of write-ins for David Cobb (Green Party presidential candidate) and Michael Peroutka (Constitution Party presidential candidate). Maybe this year she will handle presidential write-ins better.
The lawsuit is Hill v Markowitz, Washington County Superior Court, 640-9-08.