Many interesting lawsuits are pending, although courts have been unusually slow recently.
Alabama: we are awaiting a decision from the 11th circuit on the constitutionality of Alabama’s 3% petition in combination with the early June petition deadline. The hearing was March 20, 2007.
Arizona: soon the 9th circuit will set a hearing date in a challenge to state law that makes it illegal for out-of-staters to circulate a petition for an independent presidential candidate, and a challenge to the early June petition deadline for such petitions.
Arizona (2): we have been waiting for a decision from the U.S. District Court since 2004, on the issue of whether a qualified minor party may limit its primary only to its own members.
Connecticut: we are awaiting a decision as to whether there will be a trial, over the state’s discriminatory public funding law.
Hawaii: we are awaiting a decision from the State Supreme Court over whether the state’s procedures for checking signatures violate due process. When that case is settled, then a federal court will determine whether it is unconstitutional for the state to require 6 times as many signatures for an independent presidential candidate, as it requires for a new party.
Iowa: we are awaiting a settlement hearing in the case over whether voters may register into unqualified parties.
New Jersey: we are awaiting a likely settlement of the case that challenges many election laws that discriminate against unqualified parties.
New Mexico: we are waiting for the 10th circuit to set a date for a hearing in the challenge to a state law that requires qualified minor parties to submit a separate petition for each of its nominees.
New York: we are waiting for the U.S. Supreme Court to set a hearing date in a case over how difficult ballot access can be for a primary election.
North Carolina: briefs are being filed in the case filed in 2005 over ballot access (and related issues) for new and minor parties.
Oregon: we are waiting for a hearing date in a case that challenges the law that makes it illegal for primary voters to sign for an independent candidate.
Pennsylvania: a brief is about to be filed with the U.S. Supreme Court in the case over whether qualified parties that have less than 15% of the state’s registration should be treated as though they aren’t qualified parties, for ballot access purposes.
Pennsylvania (2): briefs are being filed in the State Supreme Court over whether a candidate with limited resources can be charged $90,000 for being removed from the ballot.
Washington: we are waiting for the U.S. Supreme Court to set a date for the hearing over the constitutionality of “top-two” primaries.
National regulation: the lawsuit over whether interior postal sidewalks should be open for petitioning is still in the U.S. District Court. Plans are almost finalized by which both sides will present additional evidence.
