Fourth Circuit Hears Case on Whether Virginia Must Hold New Legislative Elections This Year

On March 8, the Fourth Circuit heard Goldman v Brink, 21-2180. This is the case on whether Virginia must hold elections for lower house of the legislature this November. Virginia elects all its legislators in November of odd years. The November 2021 election used districts based on the 2010 census, not the 2020 census. The plaintiff, a voter, argues that it violates one-person, one-vote to wait until 2023 to hold elections using districts based on the 2020 census.

The three judges are Robert B. King and James A. Wynn (Clinton appointees), and Allison J. Rushing (a Trump appointee). The lower court had ruled that the lawsuit may go ahead, and had moved to create a 3-judge U.S. District Court. Then the state appealed that decision to the Fourth Circuit.

Wyoming Bill for a More Closed Primary Fails to Pass

On March 7, the Wyoming House Appropriations Committee defeated SF 97 by a vote of 5-2. Current law lets voters switch parties on primary election day. The bill would have ended that practice. Voters who want to vote in a party primary would have been required to have joined the party approximately two months before the primary.

The bill could still have been brought up in the full House, but the deadline to do that was March 8, and the bill was not brought up.

If enacted, the bill would have had little effect on the Democratic primary, because the Democratic Party allows independent voters to vote in its primary.

It is somewhat surprising that the bill lost, because it had passed the Senate on February 25 by a vote of 18-12.

Georgia Appeals to Eleventh Circuit in Case Over Discriminatory Contribution Limits

On March 9, Georgia filed a notice of appeal in Perdue v Kemp. This is the case over Georgia’s new law that says individuals can contribute an unlimited amount of money to an incumbent Governor who is running for re-election, whereas individuals can only contribute a limited amount of money to other gubernatorial candidates. The U.S. District Court had enjoined the law.