Tuesday, September 8, 2020

Pennsylvania Commonwealth Court Removes Howie Hawkins from from Ballot

Ballot Access News

On August 24, the Pennsylvania Commonwealth Court issued an Opinion in In Re: Nomination Paper of Elizabeth Faye Scroggin, 460 M.D. 2020. The statewide petition had enough valid signatures. But the stand-in candidates for president and vice-president never filed candidate affidavits. They knew they were stand-ins, so they presumed they didn’t need to file those documents. But the Court said the documents were required, and therefore the entire petition is valid. Here is the 17-page opinion.

The opinion makes it clear that in the future, stand-in candidates must not only file their own candidate affidavits, they must not withdraw until the petition has been completed. The decision says on page five that the Libertarian statewide slate also used stand-ins this year, but that the Libertarians handled the paperwork properly.

The Pennsylvania Green Party then appealed to the State Supreme Court, which heard the case on September 8. A decision is expected on September 9.

If the State Supreme Court doesn’t reverse the Commonwealth Court, this will be the first time in the history of government-printed ballots that there will have been only three candidates on a Pennsylvania general election ballot for president. Only President Trump, Joe Biden, and Jo Jorgensen would be listed. Always before there have always been at least four candidates for president on Pennsylvania government ballots. Thanks to Larry Otter for the link.

No comments: