Congressman Madison Cawthorn Wins Federal Lawsuit to Stop Challenge to His Ballot Position

On March 4, U.S. District Court Judge Richard E. Myers, a Trump appointee, ruled from the bench at the close of the hearing in Cawthorn v Circosta, e.d., 5:22cv-50. He enjoined North Carolina election officials from permitting a challenge to the ballot access of Congressman Madison Cawthorn on the grounds that the Fourteenth Amendment, section three, bars congressional candidates who engaged in insurrection after having taken an oath to the Constitution. The judge said that when Congress passed the Amnesty Act in 1872, that suspended that part of the Constitution. That point is legally contested; the other side says the 1872 Amnesty Act just applied to the Confederate officials for their actions in the civil war.

The written opinion will be posted here when it is available.

Several Organizations and Scholars File Amicus Brief in U.S. Supreme Court in Ohio Initiative Case

On March 3, several organizations filed an amicus curiae brief in the U.S. Supreme Court on behalf of the petitioners, in Thompson v DeWine, 21-1120. This is the Ohio case on whether the state should have given petitioning relief to initiative proponents during the covid health crisis.

The Court has this case on its March 4 conference, but no news will be available until March 7 at the earliest.

South Dakota Bill to Move Presidential Primary from June to March Loses

On February 23, the South Dakota Senate Commerce & Energy Committee defeated HB 1116. It would have moved the presidential primary from June to early March. It would have retained the June date for the non-presidential primary. The bill had passed the House on February 15. County election officials testified against the bill, citing the cost of holding two different primaries in the same election year.