Leading Democratic Candidate for U.S. Senate from Iowa Knocked Off Ballot For Failing to Meet an Unconstitutional Distribution Requirement

On April 11, a state trial court in Iowa removed Abby Finkenauer from the June 7 Iowa Democratic Party primary ballot, because she was three signatures short. However, she had enough signatures statewide, and the state law that requires a certain number of signatures for a certain number of counties is unconstitutional under Moore v Ogilvie, a 1969 U.S. Supreme Court that invalidated county distribution requirements for statewide petitions. There are about a dozen similar precedents from lower courts. The two most recent are Constitution Party of Pennsylvania v Cortes, 877 F.3d 480 (2017) and Montana Green Party v Jacobson, 17 F.4th 919 (2021). See this story. The case is Schmett v State Objections Panel, Polk Co., cv63390. Thanks to Thomas Jones for the news.

Finkenauer is considered the most likely candidate to win the primary, assuming she eventually gets on the ballot. She is appealing. The Iowa distribution requirement is 100 signatures from each of nineteen counties.

Colorado Republican Lawsuit Against Semi-Closed Primary Fails Because Party Itself Was Not a Plaintiff

On April 8, U.S. District Court Judge John L. Kane, a Carter appointee, declined to enjoin a 2016 Colorado law that forces the major parties to let independent voters vote in their primaries, unless three-fourths of the members of the state committee voted to instead nominate by convention. Parable v Griswold, 1:22cv-477. The lawsuit was flawed because the Colorado Republican Party itself was not a plaintiff; instead most of the plaintiffs were Republican Party leaders.

Here is the opinion. Thanks to Michael McCorkle for the link.

Marjorie Taylor Greene Likely to Lose Federal Lawsuit on Stopping Inquiry Into Qualifications

A decision is expected on Monday, April 11, in Greene v Raffensperger, n.d., 1:22cv-1294. According to this story, U.S. District Court Judge Amy Totenberg is likely to rule that Georgia election officials may proceed with the administrative hearing that challenges whether Congresswoman Marjorie Taylor Greene meets the qualifications to run for Congress. The story is based on what the judge said at the oral argument on Friday, April 8.

Tennessee Governor Must Sign or Veto Bill for Duration of Residency for Congressional Candidates by April 13

Tennessee Governor Bill Lee still hasn’t acted on HB 2764, the bill that requires candidates for congress to have been a resident of Tennessee for three years before running. He must either sign it, veto it, or let it become law without his signature, by Wednesday, April 13.

If he lets it become law, a pending federal lawsuit against the idea will become active. The case is Collins v State, m.d., 3:22cv-225.