U.S. District Court Expedites New Libertarian Michigan Ballot Access Case

On September 12, U.S. District Court Judge Paul L. Maloney, who is hearing the new Michigan Libertarian Party presidential ballot access case, asked the Secretary of State to respond to the party’s lawsuit by 5 p.m. on September 12. If anyone wants to intervene, the intervenors must file a brief by noon, Thursday, September 13.

Judge Maloney also asked the Secretary of State to specify in her brief whether she will be printing ballots while the case is pending. He set a hearing date of Tuesday, September 18. If the Secretary of State responds that ballot printing will begin earlier than that, it is conceivable that the hearing date will be moved to an earlier day.

The new Libertarian case asks that, assuming the 6th circuit doesn’t put former Governor Johnson on the ballot, that the state print Gary E. Johnson of Austin, Texas, on the ballot. The case is Gelineau v Ruth Johnson. The lead plaintiff is a Libertarian candidate for presidential elector.

4 comments

  1. Excellent. Hopefully is a democrat judge, lol.

  2. Richard Winger · · Reply

    #1, the judge is the chief judge of the western district. He is a George Bush, Jr. appointee, but it is a mistake to always assume that a federal judge’s actions are determined by the party of the president who appointed him or her. The U.S. District Court Judge in the Eastern District who upheld Ruth Johnson’s interpretation of the “sore loser” law is a Clinton appointee. Also in 2008, the U.S. District Court Judge who put Bob Barr on the Massachusetts ballot is the appointee of a Republican president, but when the First circuit reversed him after the election was over, the panel contained some appointees of Democratic presidents.

  3. wow excellent information Richard. You are so right. Thank you for all you do , what is going to happen when you are not around ? Live long and prosper my friend.

  4. Let’s see if I got this right. Gary Johnson of New Mexico can’t appear on Michigan’s ballot because of Michigan’s sore loser law, even though it didn’t keep John Anderson off of the ballot and Gary Johnson of Texas can’t get on the ballot because there is no process to switch out candidate, although it appears that the Michigan Secretary of State’s Office does it on a fairly regular basis. It would appear that either Gary Johnson of New Mexico, Gary Johnson of Texas, or both is getting the shaft; but the real victims are the voters in Michigan.

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