South Carolina Bill Banning Fusion Passes on Last Day of Session

On May 12, the South Carolina legislature passed SB 108, which bans fusion. “Fusion” means the ability of two parties to nominate the same candidate. BAN had earlier thought this idea had failed. But the ban on fusion had been transferred out of HB 4919 (a bill that did not pass) and into another bill, SB 108.

Assuming the Governor signs it, that will leave only two states with disaggregated fusion, New York and Connecticut. “Disaggregated fusion” means the candidate is listed twice on the ballot, once under each party label. That gives the voters the ability to decide which party label they prefer.

U.S. District Court Refuses to Put Robby Starbuck Newsom on Republican Tennessee Primary Ballot

On May 12, U.S. District Court Waverly Crenshaw, an Obama appointee, issued an order in Newsom v Golden, m.d., 3:22cv-318. The issue was action by the Tennessee Republican Party to keep Robby Starbuck Newsom off the August 2022 Republican primary ballot as a candidate for U.S. House, 5th district. The party has a bylaw saying no one can run in its primary who has not voted in three of the last four Republican primaries. Newsom couldn’t comply with that rule because he hadn’t lived in Tennessee long enough.

The order says that Newsom is guilty of laches, because he was barred from the ballot on April 19 but he didn’t sue until May 2. It also suggests that parties have a freedom of association to control who runs in its primaries. The order acknowledges the precedents that strike down laws that add to the constitutional qualifications, but finds that the issue is not clear-cut. Therefore, because injunctions can only be issued when it is clear the moving party is very likely to win the case eventually, relief was denied.

New York Libertarian Party, and U.S. Senate Independent Candidate Diane Sare, Ask for Reduced Petition Requirements for 2022

On May 11, the New York Libertarian Party, as well as independent U.S. Senate candidate Diane Sare, asked the state trial court that invalidated the U.S. House and State Senate districts to let them intervene. The intervention would be for the purpose of judicial relief for the 2022 petitions for independent candidates and the nominees of unqualified parties. The candidates ask for fewer signatures for statewide candidates, an elimination of the distribution requirement for the statewide petitions, and an extension of the petition deadline from May 31 to June 27. The case is Harkenrider v Hochul, in the Supreme Court, Steuben County.

Here is the brief. Without judicial relief, the statewide petitions must have 500 signatures from each of half the U.S. House districts, and yet the district boundaries won’t be known until May 20, and the petition deadline is May 29.

New York State Trial Court Won’t Order New Assembly District Boundaries for 2022 Election

On May 11, the New York state trial court that had originally invalidated the U.S. House and State Senate districting plan, ruled that the 2022 Assembly districts drawn by the legislature will be used this year. However, the decision is based on practical considerations, and did not say the Assembly districts are constitutional.

South Carolina Fusion Seems Likely to Survive Another Year

The South Carolina legislature will adjourn on Thursday, May 12. HB 4919, the bill to ban fusion, seems unlikely to pass. The bill passed the House on March 3, and passed the State Senate on April 21. But the Senate amended the bill and sent it back to the House, to see if the House would agree to the amendment. So far the House has taken no action since then.