Burlington, Vermont, held its annual city council election March 1. The Progressive Party retained its six seats, so it continues to have half the seats, more than any other party. The elections are partisan. See this story. Thanks to Fairvote for the link.
On February 24, some Republican candidates and party officials filed a federal lawsuit against the 2016 Colorado law that virtually forces parties that nominate by primary to let independent voters vote in their primaries. Parable v Griswold, 1:22cv-477. The case is assigned to U.S. District Court Judge Phillip Brimmer, a Bush Jr. appointee.
The case is being expedited. A fatal flaw in this case may be that no political party is challenging the law. Here is the Complaint. Thanks to Michael McCorkle for this news.
On March 1, U.S. District Court Judge Robert Pitman, an Obama appointee, declined to enjoin the Texas filing fees for candidates seeking the nomination of a party that nominates by convention. Bilyeu v Esparza, w.d., 1:21cv-1089. See the order here.
The order does suggest that perhaps in the next stage of the case, the judge will rule that the discriminatory aspect of the filing fee law is unconstitutional. Filing fees paid by candidates seeking the nomination of a party that nominates by primary end up in that party’s bank account. But fees paid by candidates seeking the nomination of a convention party are retained by the government. But the judge said that issue doesn’t need injunctive relief; there is no emergency on that point.
The Federal Election Commission has updated its useful chart of 2022 primary dates and candidate filing deadlines. Thanks to Thomas Jones for the link.
On March 1, the Montana Green Party and the Montana Secretary of State filed a proposed settlement with the U.S. District Court for Montana. It says that given that the ballot access law for newly-qualifying parties was held unconstitutional on November 8, 2021, in the Green Party’s lawsuit, therefore it is just and fitting that the party should be deemed a qualified party for the 2022 election. The settlement will take effect assuming the judge approves it. Here is the four-page document. Green Party v Jacobsen, 6:18cv-87.
Here is an eight-page document that gives additional information on the basis of the settlement.
Other instances when a ballot access law was held unconstitutional (or enjoined), and which a court then put the plaintiff political party on the ballot, have occurred in Alaska in 1983; Arkansas in 1996 and 2006; Hawaii in 1993; Idaho in 1984; Illinois in 1972 and 1990; Kansas in 1982; Maine this year, Nevada in 1986 and 1992; New Mexico in 1988; Ohio in 1968, 1970, 2007, and 2013; Oklahoma in 1984; and Tennessee in 2012 and 2014.
