On August 6, the Libertarian Party of Massachusetts, and the Barr-Root campaign, and the national LP, jointly filed a lawsuit against the Massachusetts Secretary of State. The lawsuit is sponsored by the Massachusetts ACLU, and argues that the Constitution requires Massachusetts to permit stand-in presidential candidates and to then let the party replace the stand-in with the actual presidential and vice-presidential candidates. Thanks to Art Torrey for this news. The case is Barr v Galvin, number 08-11340.

The 9th circuit has now received briefs from all sides in the ongoing lawsuit over the “top-two” election system. The Democratic Party of Washington, the Republican Party of Washington, the Libertarian Party of Washington, the Secretary of State, and the Grange, have all expressed themselves. No one expects the 9th circuit to stop the Washington state primary, which is set to be held in two weeks. Probably a decision will be in 2009.

On August 7 or August 8, Ralph Nader will bring a lawsuit against the Idaho Secretary of State, to win the ability to use petition circulators who are not permanent residents of Idaho. Idaho is one of five states in which Ralph Nader has never appeared on the ballot. It requires 5,984 valid signatures for an independent presidential candidate. Nader’s 2004 petition was found not to have enough valid signatures. For some reason, Idaho petitions are always judged to have a low validity rate, even though a very high percentage of Idaho residents are registered to vote.

The Idaho petition deadline for an independent presidential candidate is August 25. The lawsuit will be based on Nader’s July 9 victory against Arizona’s ban on out-of-state circulators. That decision was from the 9th circuit, so it should control the outcome in Idaho, since both states are in the 9th circuit. Idaho, California and Arizona had been the only states in the 9th circuit that prohibit out-of-state circulators.