U.S. District Court Won’t Enjoin New Georgia U.S. House Districts

Late on February 28, U.S. District Court Judge Steve C. Jones declined to enjoin the new Georgia U.S. House districts, because he said there isn’t time to require the legislature to draw new districts. But his very lengthy opinion suggests that the districts do violate the Voting Rights Act, and it seems somewhat likely those districts will be struck down in time for the 2024 election. Alpha Phi Alpha Fraternity v Raffensperger, n.d., 1:21cv-5337. Here is the 238-page opinion. Thanks to ElectionLawBlog for this news.

Missouri Bill to Require Huge Super-Majority for Initiatives to Pass

On February 28, the Missouri House Rules Committee passed HJR 70. It says that initiatives can’t pass unless a majority of all registered voters vote for it. Because in all elections, a large number of registered voters do not vote, this would effectively require initiatives to poll 70% of the vote in midterm years, and 60% in presidential years. Thanks to Ken Bush for this news.

Pennsylvania Republican Congressional Candidates Ask U.S. Supreme Court to Stop Pennsylvania Supreme Court Action on U.S. House Redistricting

On February 28, the plaintiffs in U.S. District Court in the Pennsylvania redistricting case asked the U.S. Supreme Court to take control of the case, even though the U.S. District Court itself still hasn’t made any ruling. The plaintiffs are two Republican candidates for U.S. House, and some Republican voters. In the U.S. District Court, the case is Toth v Chapman, m.d., 1:22cv-208. Here is the U.S. Supreme Court filing. Thanks to ElectionLawBlog for the link.

The case depends on the theory that Article One of the Constitution gives legislatures exclusive control over election laws that regulate congressional elections, unless or until Congress intervenes. This theory eliminates other branches of state government, such as the state courts, from having power over congressional elections.

UPDATE: the U.S. Supreme Court number is 21A457. The other side must respond by 5 p.m., March 3.

Challenge to Congressman Madison Cawthorn Delayed

On February 25, a U.S. District Court postponed the hearing in Cawthorn v Circosta from February 28 until March 21. This is the case filed by Congressman Madison Cawthorn against the North Carolina State Board of Elections. The purpose of his lawsuit is to stop the challenge to his qualifications.

The court postponed the hearing because Congressman Cawthorn hasn’t even decided which district he is running in this year, and the challenge can only be filed by voters who live in his district. See this story. He must decide which district he will run in by Friday, March 4.