US Supreme Court Suddenly Receives Many Election Law Cert Petitions

During August and September 2006, five ballot-access-related cases were decided by US Courts of Appeals, and one was decided by a State Supreme Court. Since the losing side is permitted to ask for U.S. Supreme Court review, three months after the lower court decision, now is the time when the three months is running out. And, most of these cases are being appealed to the U.S. Supreme Court.

The state of Washington asked for U.S. Supreme Court review in State of Washington v Washington State Republican Party, on November 20, and it is now docketed as 06-730. The Washington Grange filed its own cert petition, no. 06-713.

The state of New York asked for U.S. Supreme Court review on November 29, in New York State Board of Elections v Lopez Torres. It doesn’t have a docket number yet.

As already noted, on November 20, Ralph Nader asked for U.S. Supreme Court review in Nader v Seroty, no. 06-696.

No one knows yet if the state of Ohio will ask for U.S. Supreme Court review in Libertarian Party of Ohio v Blackwell. The state’s petition would be due on December 6.

The state of Illinois says it will appeal Lee v State Board of Elections to the U.S. Supreme Court, if the 7th circuit won’t give it a rehearing, but that state request for a rehearing is still pending.

The Green, Libertarian and Constitution Parties of Pennsylvania say they will appeal Rogers v Corbett to the U.S. Supreme Court if the 3rd circuit won’t give them a rehearing, but that rehearing request is still pending.

The U.S. Supreme Court hasn’t had an election law case (other than on redistricting or campaign finance) since 2005, when it ruled that Oklahoma did not violate the U.S. Constitution by refusing to let the Libertarian Party invite all registered voters to vote in its primary, in Clingman v Beaver.


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