New York Mid-Level State Court Invalidates U.S. House District Boundaries

On April 21, the New York Supreme Court, Appellate Division, Fourth District, invalidated the new U.S. House district boundaries as an unconstitutional partisan gerrymander. The decision is based on the State Constitution. Harkenrider v Hochul, 22-00506. The vote is 3-2. Both dissenters, Justices Gerald J. Whalen and Joanne M. Winslow, are Democrats. The majority comprises Republican Justice John V. Centra, and Democratic Justices Stephen K. Lindley and John M. Curran. Here is the decision. Thanks to ElectionLawBlog for the link.

The order gives the legislature until April 30 to draw new districts. It is extremely likely that the case will be appealed to the state’s highest state court, the Court of Appeals.

Upstate Jobs Party Files Second Circuit Brief in Case Over New York’s Unequal Contribution Limits

New York state campaign finance law allows greater contribution limits to candidates of qualified parties, than to candidates of unqualified parties. Last year a U.S. District Court held that disparity to be unconstitutional. The state is appealing. Here is the Second Circuit brief of the Upstate Jobs Party, which had filed the case. Upstate Jobs Party v Kosinski, 21-2518. The introduction to the brief has a rousing discussion of the benefits that small and minor parties have made to the U.S.

San Diego City Council Considers Ranked Choice Voting for City Elections

On April 20, the San Diego city council held a hearing on a bill for ranked choice voting. Currently San Diego city elections have a primary in June of even years, and then in November, the top two vote-getters compete, even if someone got 50% in the primary.

The bill would eliminate the primary except in races with at least six candidates. In races with fewer than six candidates, there would only be the November election. However, that system has the disadvantage that candidates must file early in the year, even though the election in most cases would not be held for eight months after the filing deadline.

This newspaper story describes the skeptical reception received by the bill. The story also indicates that a proposal to have only one round in all cases might be more acceptable. If the bill provided for only one round, in November, then the filing deadline could be much later in the year, probably in August. Thanks to Eric Wong for the link.

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

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

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.