Comments on: Rogers v Corbett, the Losing 2006 Ballot Access Pennsylvania Decision, May be Useful This Year

By: D. Frank Robinson

D. Frank Robinson — Wed, 03 Sep 2008 19:07:38 +0000

So the judge is saying that a party can list anyone as its nominees when circulating a petition, but then nominate for the ballot anyone else?

If so, then why not put a famous name like Thomas Jefferson on the petition? The logic of the judge seems odd. Why not just strike down a requirement that any name(s) appear on the petitions?

BTW, who becomes President if the vote winning candidate dies after the election? Is the electoral ‘college’ free to choose anyone? I think they are. So why list the names of Presidential candidates on the ballot anyway? The candidates are really just surrogates for the Presidential electors. Yet many states don’t want to list the names of Electors on the ballot at all. What a messy way to do business.

By: Jim Riley

Jim Riley — Tue, 02 Sep 2008 15:37:13 +0000

I think you are confusing what the 3rd Circuit did say with regard to Jones and what you wished they had said.

They simply said that the minor political parties are free to determine which names they place on the petitions which they then invite the public at large to sign.

In your quote from the decision, you missed the court’s use of quotation marks around “forced”.

By: Richard

Richard — Mon, 01 Sep 2008 16:18:55 +0000

Actually the losing 2006 PA case will help the Libertarian Party this year in Pennsylvania, as well as helping in Massachusetts. The Libertarian case in Pennsylvania this year concerns a Republican challenge to the substitution procedure used to put Bob Barr on the ballot.

By: Doremus Jessup

Doremus Jessup — Mon, 01 Sep 2008 16:09:50 +0000

In other words, this losing PA case will be useful in Taxachussetts this year, but not in PA.

“This interpretation will help the Libertarian Party with its pending lawsuits over whether it can have nominees on the November ballot who are different individuals than the individuals who had been listed on petitions.”