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Pennsylvania Won’t Ask for Rehearing in Constitution Party v Aichele

Pennsylvania has decided not to ask the Third Circuit to re-hear Constitution Party v Aichele, 13-1952. This is the decision that said minor parties do have standing to argue that the challenge-court costs system violates the U.S. Constitution. On July 23, the state had told the Third Circuit that it might file for re-hearing and it wanted a time extension until August 6. The extension was granted, but then the state didn’t use it.

Meanwhile, in the other Pennsylvania minor party ballot access case, Green Party v Aichele, a trial date will be set on August 13. This is the case that challenges these laws: (1) each petition sheet must keep residents of different counties separate; (2) no one can sign except registered voters; (3) notarization of each sheet; (4) the ban on out-of-state circulators. The judge in this case has already enjoined the ban on out-of-state circulators, but so far has refused to enjoin the other problems. The trial is needed to determine the constitutionality of each of these restrictions.

One Response

  1. Doug McNeil

    In Maryland we won on the “wrong county sheet” issue (GP point #1). Nader v. State Board of Elections, 399 Md. 681 (2007).

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