On May 7, the Second Circuit issued a one-paragraph order in Redpath v Spano, 18-2089. The issue in the case is New York state’s ban on out-of-state circulators. The U.S. District Court had struck down that ban. The case had been filed by the Libertarian Party.

While the state’s appeal was pending, the November 2018 election was held and the party became ballot-qualified in New York for the first time ever. Then the state argued that the case is moot. The Second Circuit agreed that the case is moot, and wrote, “The district court’s judgment is vacated.” This means that neither side won the case, and the issue is still unresolved. The Second Circuit did not allow an oral argument.