U.S. District Court Enjoins New Texas Law Making it Illegal for an Elections Official to Suggest Voting by Mail

Posted on by February 12, 2022
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On February 11, U.S. District Court Judge Xavier Rodriguez, a Bush Jr. appointee, enjoined a new Texas law that makes it a crime for an election official to suggest to anyone that he or she apply for a postal ballot. The penalty is a fine of up to $10,000. Longoria v Paxton, w.d., sa21-cv-1223. Here is the 40-age order. Thanks to Political Wire for this news.

Texas had argued that if elections officials were allowed to suggest voting by mail, that would “confuse” voters. Texas allows no-excuse voting by mail for persons over age 65 and certain other limited classes of voters, such as women who are expected to give birth in the next three weeks.

Ohio Initiative Proponents Ask U.S. Supreme Court to Hear Case on How Initiative Petitioning was Affected by Health Crisis

Posted on by February 15, 2022
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On February 10, proponents of some Ohio initiatives asked the U.S. Supreme Court to hear Thompson v DeWine, 21-1120. This is the case involving Ohio restrictions that hampered petitioning starting in 2020. A U.S. District Court had granted some relief, but the Sixth Circuit had reversed that. The case also asks the U.S. Supreme Court to recognize that the issue is not moot. The initiative proponents had previously asked for injunctive relief from the U.S. Supreme Court, but did not get it. However, the U.S. Supreme Court did grant injunctive relief to churches that sought relief from government-imposed health restrictions on First Amendment activity. Read the cert petition here.

California Independent Voters Who Want a Presidential Primary Ballot Listing Candidates from All Parties File Brief in State Appeals Court

Posted on by February 11, 2022
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On January 20, some independent California voters who want a presidential primary ballot that lists candidates from all ballot-qualified parties filed their opening brief in the State Court of Appeals. Boydsten v Padilla, E076797. This case had been filed in 2019 and has moved slowly. The Superior Court had dismissed the lawsuit on January 29, 2021.

The brief says that independent voters are being discriminated against because there is no California presidential primary ballot prepared for them. The brief says in several places that the number of independent voters is “ever-increasing”, but actually the percentage of independent voters in California has declined in recent years. In October 2018 they were 27.52% of the registered voters. In October 2020 they were 23.97%. The last Report of Registration shows they are at 22.90%.

Electoral Reform Society of the United Kingdom Publishes Chart Showing Proportional Representation Countries Have Much Better Voter Turnout

Posted on by February 11, 2022
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The Electoral Reform Society of the United Kingdom has published this chart, by Dylan Difford. It shows turnout in advanced democracies for the last election for the national legislative body. It clearly shows that countries that use proportional representation have higher voter turnout than countries that don’t. The United States is listed, as the country with the third-weakest turnout. Countries with proportional representation are in purple.

Australia is an exception in the chart. It has the highest turnout and it does not use proportional representation. But Australia has compulsory voting. Thanks to Fairvote for the link.