On March 6, a California voter filed a lawsuit, asking that a federal judge declare that Senator John McCain cannot hold the office of president. Inland Empire Voters and Andrew Aames v USA, 5:2008-cv-304. It was assigned to U.S. District Court Judge Stephen G. Larson in Riverside.

The defendants include the Office of the Federal Register and the Inaugural Committee.

In the opinion of Ballot Access News, no court would be able to entertain such a lawsuit, even if John McCain won a majority in the electoral college. Article II gives Congress the power to count the electoral votes that are cast in December. Electoral votes for John McCain could be challenged by any U.S. Senator, just as U.S. Senator Barbara Boxer challenged the Ohio electoral votes in January 2005. Congress, not any court, would then decide whether to count electoral votes for McCain. Similarly, Congress, not any court, decides who has been validly elected to Congress.

Liberty Union Party of Vermont had its own presidential primary on March 4, 2008. The results: Brian Moore 178, miscellaneous write-ins 221.

The last time Liberty Union had its own presidential primary in Vermont was in 1996. At that time, the results were: Mary Cal Hollis 674, miscellaneous write-ins 165. Both Moore and Hollis were also the Socialist Party’s presidential nominee at the time.

Vermont does not have registration by party. Any primary voter is free to choose the Liberty Union ballot.

The ballot access case that has been pending in North Carolina state court since 2005 is expected to have a trial, in or before June 2008. The plaintiffs are the North Carolina Libertarian and Green Parties. This is an ACLU-sponsored lawsuit. If the case wins, every minor party will benefit, regardless as to whether any particular party is a plaintiff in this particular lawsuit.