Supreme Court of Kansas Won’t Expedite the Lawsuit over Fusion

On May 22, the Kansas Supreme Court declined to expedite United Kansas Party v Schwab, the case over whether the Kansas Constitution permits two parties to jointly nominate the same candidate. The plaintiffs had asked the court to hear the case before it goes through the State Court of Appeals.

Therefore, the court will go next be heard in the State Court of Appeals, where it is case 128,896.

Oklahoma Governor Signs Bill Making it More Difficult to Place Initiatives on Ballot

On May 24, Oklahoma Governor Kevin Stitt signed SB 1027. It says that statewide initiative petitions face a limit of how many signatures may come from any particular county. No more than 11.5% of the last gubernatorial vote inside Oklahoma and Tulsa Counties will count.

Under several Ninth Circuit precedents, the bill would be unconstitutional, but Oklahoma is in the Tenth Circuit. The Tenth Circuit has never had a case on county distribution requirements for initiatives.

The Utah Supreme Court struck down a somewhat similar law in 2002 in Gallivan v Walker, but that is not binding, although it should be influential.

The new law also requires circulators to be registered Oklahoma voters. A past Oklahoma identical provision has already been held unconstitutional. The U.S. Supreme Court ruled that states can’t require circulators to be registered voters, and the Tenth Circuit ruled that Oklahoma can’t ban out-of-state circulators.