U.S. District Court Judge Explains Why He Ruled in Favor of Congressman Madison Cawthorn

Posted on by March 11, 2022
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On March 10, U.S. District Court Judge Richard E. Myers issued a written opinion in Cawthorn v Circosta, e.d., 5:22cv-50. This is the North Carolina case filed by Congressman Madison Cawthorn, to stop election officials from determining if he meets the constitutional qualifications to run for Congress. On March 4, Judge Myers had ruled from the bench that the Fourteenth Amendment, section three, is longer in force because Congress passed bills in 1872 and 1898 giving everyone an amnesty. See the part of the opinion that starts on page 19.

On March 11, North Carolina election officials filed a notice of appeal. In the Fourth Circuit the case number is 22-1251.

Wisconsin Republicans Ask U.S. Supreme Court to Revise Redistricting for U.S. House and Legislature

Posted on by March 11, 2022
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Wisconsin Republican legislators and party officials are asking the U.S. Supreme Court to revise both the U.S. House district boundaries, and the legislative district boundaries, in separate lawsuits. The case concerning legislative districts is Wisconsin Legislature v Wisconsin Elections Commission, 21A471. A response from the Elections Commission is due Friday, March 11.

The case concerning U.S. House districts is Grothman v Bostelmann, 21A490. The response brief is due March 15. That case was filed by all five of Wisconsin’s Republican U.S. House members.

Pennsylvania Won’t Calculate Number of Signatures for Independent Candidates for District Office Until March 16

Posted on by March 10, 2022
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It is always difficult for Pennsylvania election officials to calculate the number of signatures needed for district office, for independent candidates and the nominees of unqualified parties, in years after redistricting. The law requires a petition of 2% of the winner’s vote for the same office in the previous election. But after redistricting, that calculation is difficult, because the new boundaries must be overlaid on the old election returns.

This year, the Pennsylvania Elections Department says it will have the requirements known by March 16. The formula is likely to show that in a few U.S. House districts, the number of signatures will exceed 5,000. If so, that would be unconstitutional, because the U.S. Supreme Court has twice ruled that the number of signatures for district office can’t be higher than the number for statewide office, and the Pennsylvania statewide requirement is exactly 5,000.

Utah Legislature Moves Independent Candidate Petition Deadlines to March for 2022 and to January for Future Years

Posted on by March 10, 2022
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On February 14, Utah Governor Gary Herbert signed SB 170. It moves the petition deadline for independent candidates for office other than president from mid-March to March 4, for 2022. And for years in the future, it moves it to January 6 of election years.

Even more shocking, it moves the presidential independent deadline to January of election years as well. The old independent presidential petition deadline was August 15.

Utah lost a case in U.S. District Court in 1984 over the independent presidential deadline. LaRouche v Monson, 599 F.Supp. 621. In that case, the state admitted its old April 15 deadline was too early. The basis for the 1984 decision was that in 1983, the U.S. Supreme Court had ruled in Anderson v Celebrezze that Ohio’s March 20 presidential independent deadline was too early.

Utah also lost a deadline lawsuit in 2017, United Utah Party v Cox, 268 F.3d 1227. In that case, the petition deadline for a new party to participate in a special election, six months before that special election, was held unconstitutional.

The 2022 primary is June 28. Courts have unanimously held that non-presidential independent candidate petition deadlines can’t be earlier than the primary.