Pennsylvania Asks for More Time to Respond to Minor Party Ballot Access Lawsuit

As noted earlier, on May 17, the Constitution Party, the Green Party, and the Libertarian Party had filed a lawsuit in U.S. District Court in Philadelphia against the unique Pennsylvania system that requires petitioning candidates and groups to be subject to as much as $100,000 in court costs, if their petitions are held to lack enough valid signatures. That case is Constitution Party of Pennsylvania v Aichele, 5:12-cv-2726.

The state has just asked for, and obtained, a 30-day extension to answer the complaint. The state’s answer is now due July 25.


  1. Would any of these minor parties been granted 30 days to respond to the state? I doubt it. Why is the state being given so much leeway in this regard?

    I really hope that these minor parties win this lawsuit and the fine is stricken from law.

  2. Richard Winger · · Reply

    It is customary for federal courts to grant an extension of time to either side in a lawsuit, at least the first request. The fact that the state has delayed the lawsuit will not go unnoticed by the court. It will make it more difficult for the state to argue later that the case should have been filed sooner.

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