Lawsuit on Voting Rights for Certain Residents of Guam and U.S. Virgin Islands on Hold Until U.S. Supreme Court Decides Puerto Rico SSI Case

Posted on by April 4, 2022
1

On March 21, U.S. District Court Judge Jill Otake stayed the proceedings in Borja v Nago, a Hawaii case, 1:20cv-433, until the U.S. Supreme Court issues its opinion in U.S. v Vaello-Madero, 20-303.

Borja v Nago challenges federal law that says U.S. citizens who move from a state, to Guam or the U.S. Virgin Islands, can’t vote absentee in the state in which they formerly lived. By contrast, U.S. citizens who move from a state to a foreign country may continue to vote absentee.

Judge Otake suspended all briefing in the voting rights case until the U.S. Supreme Court issues its opinion in a non-election law case. The issue in U.S. Vaello-Madero is the constitutionality of giving SSI benefits to residents of most U.S. territories, but not to Puerto Rico residents. SSI is federal welfare for the aged and disabled. The U.S. Supreme Court argued that case on November 9, 2021, and has not yet issued its decision.

New Hampshire Redistricting Delay Impacts Independent & Minor Party Petitioning

Posted on by April 3, 2022
1

New Hampshire still has not drawn new U.S. House districts. The legislature passed the bill, HB 52, on March 17. Governor Chris Sununu then said he would veto it, but he has not vetoed it yet. Instead on March 22 he sent his own preferred plan to the legislature.

The petition for statewide independent candidates, and the nominees of unqualified parties, has a distribution requirement. There must be 1,500 signatures from each of the two U.S. House districts. It is impractical for anyone to circulate these petitions until the districts are settled. When they are settled, the petitioning period will have been shrunk; normally these petitions begin to circulate in January.

Courts in Alabama, Florida, Georgia, Illinois, Maryland, and Montana have ruled that when the normal petitioning period is shortened, states must either extend the deadline or reduce the number of signatures. All of these decisions were from U.S. District Courts, except one of the Georgia decisions and the Maryland decision was made by a U.S. Court of Appeals. A lawsuit in New Hampshire this year, based on these precedents, could potentially cut the number of signatures. There is a somewhat helpful New Hampshire precedent from 2020, when a U.S. District Court cut the number of signatures due to the Covid health crisis from 3,000 signatures to 1,950 signatures.

Arkansas Supreme Court Stays Decision of Lower Court that had Enjoined Four New Restrictions on Voting Procedures

Posted on by April 3, 2022
Reply

On April 1, the Arkansas Supreme Court stayed the order of a lower court that had enjoined four new voting restrictions passed by this year’s legislature. See this story. The Arkansas Supreme Court did not express any opinion, and the stay will only be in effect until the Arkansas Supreme Court reaches the merits of the case.

Arizona Groups File Lawsuit Against New Law Requiring Registration Forms to Include Proof of Citizenship

Posted on by April 2, 2022
10

A law passed this year in Arizona, NB 2492, requires people who register to vote to attach proof of citizenship, such as a birth certificate or naturalization papers. On March 31, some Arizona voter advocacy groups filed a federal lawsuit against the new law. Living United for Change in Arizona v Hobbs, 2:22cv-519. The lead plaintiff is usually referred to by its acronym, LUCHA. The case is assigned to U.S. District Court Judge Susan R. Bolton. Here is the Complaint.

Arizona and Kansas jointly passed similar laws some years ago, and they were struck down because Article One gives Congress the right to pass election laws concerning congressional elections, and Congress had already mandated a federal voter registration form that does not require such documentation. Arizona is now trying to get around this past ruling by saying that voters who register to vote without the documentation can still be considered registered for congressional elections, but not presidential elections.

Congresswoman Marjorie Taylor Greene Files Federal Lawsuit to Stop Election Officials from Determining if She Meets Qualifications

Posted on by April 2, 2022
22

On April 1, Congresswoman Marjorie Taylor Greene filed a federal lawsuit to stop the challenge process that is pending against her. Greene v Raffensperger, n.d. of Georgia, 1:22cv-1294. Georgia election law says any voter may challenge the qualifications of a candidate, and a voter has challenged Greene on the basis of the “insurrection” language of the Fourteenth Amendment, section three. Here is the Complaint. The case is assigned to U.S. District Court Judge Amy Totenberg, an Obama appointee.

This lawsuit is similar to the lawsuit filed by Congressman Madison Cawthorn, who was also challenged by some North Carolina voters. That case is pending in the Fourth Circuit. Thanks to Thomas Jones for the news about the Greene lawsuit.