U.S. Court of Appeals, D.C. Circuit, Asks Board of Elections to Respond to Libertarian Party Request for Rehearing in Case on Counting Write-ins

On July 19, the U.S. Court of Appeals, D.C. Circuit, asked the Board of Elections to file a response to the Libertarian Party’s petition for rehearing. The case is Libertarian Party v D.C. Board of Elections, 11-7029. This is the case over whether declared write-in presidential candidates are entitled to have their votes counted.

On June 8, a 3-judge panel in this court had upheld the Board of Elections policy of refusing to count the write-ins for declared presidential candidates. The Libertarian Party had then asked for a rehearing en banc. It is somewhat unusual for a court to ask for a response, when a petition for rehearing is filed. This means that the judges are seriously considering whether to grant a rehearing.

The original decision erroneously said that the Libertarian Party believes that all write-ins must be counted, when actually the party’s briefs have been very clear that the party only asks that the write-ins for the declared presidential candidates be counted. In 2008, Bob Barr was the only presidential candidate who filed to have his write-ins counted. Filing for write-ins status requires a certain amount of work, including finding three candidates for presidential elector who have lived in the District of Columbia for the past three years.


  1. Casual Bystander · · Reply

    If BAN is so evil why do you post here, Ogle?

  2. Casual Bystander · · Reply

    Well… what happened to Ogle? Is he BANned?

  3. Richard Winger · · Reply

    He can post if the post isn’t rude.

  4. Demo Rep · · Reply

    A growing part of the legal rot is lunatic complaints filled with stuff going back to Adam and Eve

    — i.e. all sorts of alleged facts, law, history, etc. in giant mess complaints (many now over 20 pages) —

    which are supposed ONLY to have jurisdiction, parties, facts (acts/omissions), relief [for alleged law violations]

    — with ALL law stuff separately — regarding the alleged facts — prior related cases, etc.

    How soon before the appellate courts HAMMER the New Age complaints and the lawyers involved ???

  5. @5 Isn’t creating lawsuits, fighting back and forth, censorship, being mean, dictatorial, rude, etc. the ongoing M.O. which is counter-productive and wasteful?

    Tired of chasing your OWN tail?

    Try pure proportional representation (PR) with stacks as ballots cast as proof – the All Party System (and independents)!

    Now electing 1000 consecutively ranked names with plenty of consecutively ranked names as back-ups, where 1/1001ths (.999%) plus one vote elects each of the 1000 names with a guaranteed satisfaction level of 99.9% plus 1000 votes.

    Unity, teamwork, free speech and fair elections, NOT supported by BAN!

    –James Ogle [Free Parliamentary]
    (415) 686-1996
    Volunteer Vote Counter

    The Sainte-Lague Parliament seat distribution system

    “Why do you THINK they called it Google?”

  6. No roadblocks to free speech any voter unless hate or slander is used in party/category name (no NAZIs)!

  7. John Rey · · Reply

    “Filing for write-ins status requires a certain amount of work, including finding three candidates for presidential elector who have lived in the District of Columbia for the past three years.”
    Is that the issue? I suppose that the above is the statutory requirement for presidential write-in in D.C.? And the Board of Elections believes it is NOT required to count those ballots? Amazing! Or I suppose they will claim they mis-read the brief.

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