Terpsichore Maras, Only Statewide Independent Candidate in Ohio, is Removed from Ballot

On August 29, in an administrative proceding, Terpsichore Maras was removed from the Ohio ballot as an independent candidate for Secretary of State. See this story. She had been the only statewide independent or minor party candidate on the Ohio November ballot this year.

BAN had previously believed that California and Kentucky were the only states (that have statewide races in 2022) who would have a Republican-Democratic monopoly on the ballot for all statewide races. But now it seems that Ohio will also be one of those states. Thanks to Kevin Hayes for the link.

Illinois State Board of Elections Receives Third Extension of Time to File Seventh Circuit Brief in Ballot Access Case

A challenge is currently pending in the Seventh Circuit to the Illinois 5% petition (of the last vote cast) for independent candidates for U.S. House. The state’s brief was originally due June 30, but three times, the state has asked for more time. It was to have been filed by August 1, and then it was to have been filed August 31. Now the state has received a third extension, and its brief is due September 30. The case is Gill v Scholz, 22-1653. This is the oldest pending constitutional ballot access case in the nation. It was filed in 2016.

Initiative Proponents File Request for Rehearing En Banc on Montana Ban on Pay-Per-Signature

On August 24, the proponents of an initiative in Montana asked the Ninth Circuit for rehearing en banc in Pierce v Jacobsen, 21-35173. They only want a rehearing on the part of the August 10 decision that declined to strike down the Montana ban on paying initiative circulators on a per-signature basis. They already won the other half of the case, against the out-of-state ban.

The Ninth Circuit on August 10 had declined to rule against the per-signature ban on the grounds that the evidence wasn’t sufficient. But the initiative supporters argue that their evidence is strong enough.