On October 13, Tyler Kistner, Republican nominee for Minnesota’s U.S. House seat, 2nd district, asked for a stay of the U.S. District Court order that the election should proceed on November 3. Craig v Simon, 20-3126. Thanks to Jim Riley for this news.
Stay tuned for SCOTUS action in 2 WI cases
https://www.scotusblog.com/2020/10/wisconsin-voters-ask-supreme-court-to-reinstate-covid-19-accommodations-for-upcoming-elections/
may cause 2 USC 7 to really mean something ???
20A66
third WI Dems case – response by noon Fri 16 Oct 2020
IE will election be determined by 5 R SCOTUS over weekend ???
20A67
AL case
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Where is Barrett ???
In 2008 in Louisiana, Hurricane Gustav arrived at the time of the September congressional primary. This resulted in the primaries being held in October, and if a primary runoff was necessary it was held on the November federal election day. This meant that the general election in two congressional districts were held in December.
This is quite congruent with the situation in Minnesota.
Louisiana, like Minnesota entitled certain parties to have nominees on the general election ballot to be held on the federal election day (2 USC 7). The entitlement was contingent on party candidates filing.
Due to exigent events, out of state control, the general election nominees could not be determined in time for a November election. In Louisiana, Hurrican Gustav had caused a delay in three nominations in two districts. In Minnestota, a nominee died after ballots had already been printed.
In both states the exigent circumstances were handled according to statutes enacted prior to the election. The failure to elect was a consequence of there not being an election on the 2 USC 7 date. There was not an election because there were not the conditions for a lawful election.
Minnesota and Louisiana had made a good faith effort to hold an election on the 2 USC 7 date. They only resorted to the 2 USC 8 exception when events out of state control forced them to.
14-2 write-ins — ALL conditions