The Pennsylvania ballot access case filed in federal court on January 10, 2006, is still alive. The case lost in the 3rd circuit in August 2006, but the request for a rehearing en banc is still pending as of January 5, 2007. The case was originally called Rogers v Cortes but later the name was changed to Rogers v Corbett, no. 06-2241.

The 3rd circuit decision said states have an interest in keeping “non-viable” candidates off the ballot. Presumably, “non-viable” means candidates almost certain not to win. This is a radical doctrine, not supported by anything the U.S. Supreme Court has ever said. The request for a rehearing is before all ten full-time judges of the 3rd circuit. The original decision consisted of two part-time judges and only one full-time judge, but the two part-time judges have no vote as to whether the case should be reheard or not.

On January 4, the 7th circuit upheld Indiana’s law, requiring voters who vote at the polls to show a government-issued photo ID. The vote was 2-1. Crawford v Marion Co. Election Board, no. 06-2218.

Oklahoma State Senator Randy Brogdon (R-Owasso) and Representative Marian Cooksey (R-Edmond) say they will introduce a bill soon to ease ballot access for new and minor parties. Bills in Oklahoma must be introduced by January 18, 2007, even though the legislature doesn’t convene until February.

If you live in a state with bad ballot access laws, now is the time to find a sponsor for a bill to improve them. In a few weeks, in many states, it will be too late.