On August 8, a U.S. District Court Judge issued a final order in North Carolina Green Party v North Carolina State Board of Elections, e.d., 5:22cv-276. This is the case in which the State Board of Elections had refused to put the Green Party on the ballot, even though the county election boards had certified that the party had enough valid signatures. The Judge had put the Green Party on the ballot last year, in time for the election.

The final order summarizes what happened in the case, and says the plaintiffs may seek attorneys fees, but that otherwise the case is over.

The Green Party is on the ballot in North Carolina in 2024 as well. In North Carolina, when a party is on the ballot in a midterm year, it is also automatically on the ballot for the following presidential year. The Green Party will remain on the ballot in North Carolina after 2024 if its presidential nominee appears on the ballot in at least 35 states.

On August 5, the minor parties and independent candidates who are challenging Texas ballot access laws filed a notice of appeal to the Fifth Circuit in Miller v Doe. This is the lawsuit filed in 2019 over many Texas ballot access laws.

The U.S. District Court had already upheld all the challenged laws, except for the provision that electronic signatures are not valid. The U.S. District Court had issued a final order on June 26, declaring that Texas must let independent candidates and minor parties use electronic signatures. The state then appealed that.

Because the state appealed the part of the case it lost, that meant the minor parties and independent candidates had a right to file a later notice of appeal for the parts of the case they lost. So all aspects of the case now go to the Fifth Circuit.

On August 7, the city council of Warren, Michigan, filed this brief in Fouts v The Warren City Council, e.d., 2:23cv-11868. This is the lawsuit over how to interpret the term limits law that regulates elections for Mayor and City Council of Warren. The incumbent Mayor, James Fouts, wants to run for re-election this year but he has been kept off the ballot because of the term limits law. The Mayor argues the law is being applied retroactively even though it shouldn’t be.

The City Council argues that the Mayor’s federal lawsuit should be dismissed, because he already litigated the issue in state court. Also it argues that he filed his federal lawsuit far too late. The first round of the election is August 8, 2023.