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Iowa Secretary of State Now Considers the Old August Petition Deadline for Independent Candidates to be in Force

Posted on April 21, 2022 by Richard WingerApril 21, 2022

On April 20, the Iowa Secretary of State filed a four-page brief with the U.S. District Court in Iowa Libertarian Party v Pate, s.d., 4:19cv-241. This the case in which the court struck down the March petition deadline for independent candidates, and the nominees of unqualified parties. The deadline had been moved from August to March in 2019. The Secretary of State’s brief expresses the opinion that the result of declaring the March deadline unconstitutional is that the old August deadline is now back in force.

Therefore, the 2022 petition deadline is August 19.

U.S. Supreme Court Rules Against SSI Benefits for Puerto Rico

Posted on April 21, 2022 by Richard WingerApril 21, 2022

On April 21, the U.S. Supreme Court issued an opinion in U.S. v Vaello Madero, 20-303. It says the Fifth Amendment Due Process Clause does not require the United States to offer SSI benefits to U.S. citizens living in Puerto Rico. The vote is 8-1. Although this is not an election law case, it will injure the pending lawsuits filed by U.S. citizens who moved from a state into a territory. They cannot vote absentee in their former states of residence, even though if they had moved from a state to a foreign country, they could continue to vote absentee. Thanks to Thomas Jones for the news about the U.S. Supreme Court decision.

SSI is federal welfare for aged and disabled persons. Here is the opinion.

Pennsylvania Supreme Court Refuses to Suspend One-Year Duration of Residency Requirement, Despite Late Redistricting

Posted on April 20, 2022 by Richard WingerApril 20, 2022

On April 16, the Pennsylvania Supreme Court issued a two-page order in In re: Nomination Petition of Robert Jordan, 56 MAP 2022. The court ruled that even though legislative redistricting wasn’t complete during the normal petitioning period for primary candidates, there will be no relaxation of the law that requires legislative candidates to have lived at least one year in the districts. Thanks to Adam Bonin for this news. The vote was 5-1. Justice Kevin Brobson, a Republican, dissented.

The lower court had relaxed the requirement.

Congressional Bill for Mandatory Voting

Posted on April 20, 2022 by Richard WingerApril 20, 2022

On April 18, Congressman John B. Larson (D-Connecticut) introduced HR 7536. It would require citizens to vote in every federal election, and would impose a $20 fine on those who did not. There are various exemptions in the bill, which can be see here.

Larson has been in the U.S. House starting with the 1998 election.

Tennessee Republican Party Excludes Congressional Candidate from its Primary for Failing to Meet Duration of Residency Requirement

Posted on April 20, 2022 by Richard WingerApril 20, 2022

On April 19, the Tennessee Republican Party removed Morgan Ortagus from its August primary ballot because she has not lived in the state for three years. Although the legislature recently passed a duration of residency requirement, that law has not yet taken effect. Thus the party action has no support in state law. See this story. The story does not say if she plans to sue. Thanks to PoliticalWire for the link.