The U.S. Supreme Court will again consider whether to hear Meadors v Erie County Board of Elections, 24-684, on May 2. It had considered this case on April 25 and did not decide that day. This is the case involving the May petition deadline for independent candidates and the nominees of unqualified parties.
The U.S. Supreme Court held a conference on Friday, April 25, to decide whether to hear various cases, including Meadors v Erie County Board of Elections, 24-684. Normally the court does not disclose information about which cases they decide to take until the following Monday, which would be April 28.
However, the Court’s website, as updated on April 27, shows that the conference for the Meadors case has been “rescheduled.” This is an encouraging sign. Probably in a few days the Court website will list a new conference date. Frequently, when the Court is interested in a case, it mulls over whether to hear on multiple conference dates, typically once per week.
The Meadors case challenges the May petition deadline for independent candidates and the nominees of unqualified parties. In 2019 the New York legislature moved that deadline from August to May. The deadline was challenged by the Mayor of Buffalo, who wanted to get on the ballot for re-election as an independent in the 2021 election. He won injunctive relief before the election, but the Second Circuit reversed that. Then, after the election, a different U.S. District Court upheld the deadline. On appeal, the Second Circuit said the case is moot. That was something both sides to the lawsuit disagreed with. In 1969 the U.S. Supreme Court had said in Moore v Ogilvie that constitutional ballot access cases are not moot just because the election is over. So in the U.S. Supreme Court currently, the briefs are focused on the issue of mootness more than on the constitutionality of the deadline itself. If the U.S. Supreme Court takes the case and decides it is not moot, then it would go back to the lower courts for a decision on the deadline itself.
On April 24, the Indiana legislature passed SB 287. It authorizes party labels to be printed on the ballot for School Board candidates, even though there will be no system for parties to nominate candidates for that office. Here is the text of the bill. It is vague about whether a candidate can list the name of an unqualified party.
The Green, Libertarian, and Socialist Workers Parties are petitioning to be on for Governor of New Jersey in this year’s election. Each expects to surmount the 2,000 petition requirement that is in effect this year for the first time. Before this year, the statewide petition was 800 signatures.
The Green Party is running Stephen Zielinski; the Libertarian Party is running Vic Kaplan; the Socialist Workers Party is running Joanne Kuniansky.
Last year, a lawsuit was filed in Wyoming state court, alleging the state’s “sore loser” law violates the state constitution. On April 18 the plaintiffs filed an amended complaint. The lawsuit also now challenges the new law that doesn’t let voters switch parties in order to vote in a particular primary, unless they make the switch several months before the primary. Here is the amended Complaint. Malcom v Gray, Laramie County Judicial District,, 2024-cv-0202658. Thanks to Bern Haggerty for the link.
