Eleventh Circuit Will Hear Marjorie Taylor Greene’s Appeal on August 11

Posted on by June 14, 2022
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The Eleventh Circuit will hear Greene v Georgia Secretary of State, 22-11299, on Thursday, August 11. This is Congresswoman Marjorie Taylor Greene’s appeal against the U.S. District Court order that forced her to undergo an administrative hearing on whether she meets the qualifications to run for Congress. The Georgia administrative proceeding had determined that she is eligible. But she still contests the decision that permitted the hearing to go ahead.

Here is the brief of the voters who challenged Greene, arguing in support of the U.S. District Court decision that required the administrative hearing.

Wisconsin Elections Commission Allows Republican Gubernatorial Candidate on Primary Ballot, Despite Address Error

Posted on by June 14, 2022
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On June 10, the Wisconsin Elections Commission kept Tim Michels on the Republican primary ballot as a gubernatorial candidate. See this story. His primary petition had been challenged because about half the petition sheets didn’t have his complete address printed on them.

On June 13, the challengers said they would not sue to reverse the decision.

In 2020, the Green Party’s presidential and vice-presidential candidates were kept off the Wisconsin general election ballot because some of their petitions had an outdated address for the vice-presidential nominee.

U.S. District Court Won’t Force Michigan to Place Perry Johnson on the Republican Gubernatorial Primary Ballot

Posted on by June 13, 2022
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On June 13, U.S. District Court Judge Mark A. Goldsmith issued an order in Johnson v Michigan Board of State Canvassers, e.d., 2:22cv-11232. He refused to order the state to print Perry Johnson’s name on the Republican gubernatorial primary ballot. The primary is August 2. The state had kept him off after determining that he didn’t have enough valid signatures. See the order here.

James Craig, another Republican gubernatorial candidate who failed to get on the ballot, is launching a write-in campaign. The primary is August 2.

Fifth Circuit, on a Sunday, Clears Way for New Louisiana U.S. House Districts

Posted on by June 13, 2022
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On Sunday, June 12, the Fifth Circuit lifted the stay in Robinson v Ardoin, 22-30333. This is a redistricting case for Louisiana U.S. House districts. On June 6 U.S. District Court Judge Shelly Dick had ruled that Louisiana’s districting plan violates the Voting Rights Act, but on Thursday, June 9, the Fifth Circuit had stayed her order. The June 12 action means that the Louisiana legislature will proceed to draw new districts.

Louisiana has six U.S. House districts, and almost one-third of the population is African American. The issue is whether the state must draws two majority Black districts, or just one. The legislature earlier this year had drawn just one.

The three judges who signed the June 12 order are Stephen A. Higgonson, an Obama appointee; Jerry E. Smith, a Reagan appointee; and Dan R. Willett, a Trump appointee. Here is their order.

The states of Alabama, Arkansas, Georgia, Indiana, Kentucky, Mississippi, Missouri, Montana, Oklahoma, South Carolina, Texas, and Utah, had filed an amicus brief, urging the court to retain the districts the legislature had drawn earlier this year.

Louisiana does not have congressional primaries; it only has a general election in November. If no one gets 50%, there is a December run-off. This is a key fact in allowing the courts to act so late in the year. The Fifth Circuit noted that almost every congressional candidate gets on the Louisiana ballot by paying a filing fee, and that also makes it possible for the districts to change as late as June of an election year.