People’s Party Asks for Rehearing En Banc in Florida Ballot Access Case

On September 14, the People’s Party of Florida filed a request for a rehearing en banc in People’s Party of Florida v Florida Department of State, 22-12451. This is the case that challenges Florida’s law that forbids a new party from nominating any candidates. Not only did the Court fail to provide any relief; it also then said that the declaratory part of the case can’t proceed because the case is moot. This is a legal error; the U.S. Supreme Court said in 1969 that constitutional ballot access cases are not moot just because the declaratory judgment is obtained after the election is over.

U.S. District Court in Utah Declines to Remove Republican Legislative Nominee from November Ballot

On September 12, U.S. District Court Judge Jill Parrish, an Obama appointee, declined to order the state elections office to remove a Republican legislative nominee from the November ballot. The Utah Democratic Party had filed the lawsuit on September 7, arguing that the nominee, Representative Joel Ferry, is ineligible to be re-elected to the legislature because he has been appointed to an executive position in Utah government. Utah Democratic Party v Henderson, 2:22cv-581.

The order says that even though Ferry appears to be ineligible, it doesn’t follow that he can’t run. If he is re-elected, he would then resign. If he were to be removed from the ballot, the only name on the ballot would be the Democratic nominee, although there are some declared write-in candidates who are Republicans. Here is the ruling.

Newspaper Story About the Three Minor Parties Who are on Statewide Ballot in Pennsylvania

The Williamsport Sun-Gazette his this story about the Green, Libertarian, and Keystone Parties. All three are on the ballot for the statewide offices. The only statewide offices up this year in Pennsylvania are U.S. Senate, and Governor-Lieutenant Governor.

Polls this week are indicating Democrats are comfortably ahead in both statewide races. No one challenged any of the three minor party statewide petitions this year.

Pennsylvania law requires a party to have 15% of the statewide registration, in order to be truly ballot-qualified. No minor party has ever come close to meeting that standard, which has existed since 1986. However, if a minor party polls 2% of the winner’s vote for any statewide office, it is listed on voter registration forms, and is automatically on the ballot in special elections. Both the Libertarian Party and the Green Party have this status in Pennsylvania, because they met that vote test in 2020.