Australia 2022 Federal Election

Posted on by May 23, 2022
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Australia held a federal election for all seats in the House, and many of the seats in the Senate, on May 22. The Green Party made its strongest showing ever in Australia, increasing its representation in the House from one seat to at least three seats, with the possibility of more. Elections for the lower house do not use proportional representation. In the Senate, which is elected by proportional representation, the Labor Party will probably need the support of the 9 Green Senators to reach a majority. See this wikipedia story, which continues to be updated.

Third Circuit Uses Voting Rights Act “Materiality” Section to Validate Contested Pennsylvania Ballots

Posted on by May 21, 2022
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On May 20, the Third Circuit issued a three-page order in Migliari v Lehigh County Board of Elections, 22-1499, that 257 disputed mail-in ballots case in a Pennsylvania election last year should count. The judges relied on the “materiality” language in the federal Voting Rights Act, which says that states many not “deny the right of any individual to vote in any election because of an error or omission on any record or paper relating to any application, registration, or other act requisite to voting, if such error or omission is not material in determining whether such individual is qualified under state law to vote in such election.”

This is a powerful law, which was originally known as 42 U.S.C. 1971, and has since been re-codified as 52 U.S.C. 10101(c)(2)(B). In the past it has sometimes been used to prevent states from disqualifying petitions for trivial errors.

In this case, the Third Circuit ruled that the Pennsylvania law requiring mail-in ballots to contain the signing date, next to the voter’s signature, on the outer envelope of a postal ballot is not “material”. Because it is obvious that the voter cast the ballot in time (because the elections office received it in time), the judgment is that the date is not important enough to invalidate the ballot.

The judges have not yet written an opinion explaining their reasoning, but will do so soon. The judges are Theodore McKee and Joseph Greenaway (Clinton appointees), and Paul Matey (a Trump appointee). The lower court had ducked the issue on procedural grounds.

The Pennsylvania state courts have not been clear about their attitude toward the date requirement.

U.S. District Court Expedites New York Case on Timing of Primary

Posted on by May 21, 2022
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U.S. District Court Judge Paul A. Engelmayer, an Obama appointee, will hear League of Women Voters of New York State v Kosinski on Wednesday, May 25, at 8 a.m. This is the case filed earlier this week over the timing of the statewide primaries. The plaintiffs seek to have them moved to August 23. Without any court intervention, they will be June 28.

If the plaintiffs win, there will be more time for independent candidates, and the nominees of unqualified parties, to submit their petitions. Currently they are due May 31. If that deadline is not overturned, it is likely that no statewide independent petitions will succeed in New York this year.

The plaintiffs’ brief is due Monday, May 23; the state’s brief is due Tuesday, May 24.

League of Women Voters Files Federal Lawsuit to Postpone New York Primaries for Statewide Office

Posted on by May 19, 2022
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Currently New York expects to hold primaries on June 28 for statewide office, assembly, and local office; and another primary on August 23 for U.S. House and State Senate. New York election officials consider candidate filing for the primaries for statewide office, assembly and local office to be closed. New York election officials also expect statewide independent candidates, and the nominees of unqualified parties, to file 45,000 signatures by May 31.

On May 18, the New York State League of Women Voters filed a federal lawsuit, LWV of NY State v Kosinski, s.d., 1:22cv-4084. The League, and two voters, argue that any candidates already qualified for the primary, for statewide office, needed 100 signatures from each of half the U.S. House districts, but all such primary petitions, having already been circulated and submitted, cannot possibly be in compliance with the law. That is because such petitions would have used the old U.S. House districts that were invalidated earlier this month by New York’s highest state court.

Therefore, the Complaint argues, it is necessary to re-open the primary petitioning for statewide office, so that the petitions can be circulated using the new districts, which will formally be made public on May 20. Therefore, the Complaint further argues, it is necessary to postpone the primary for statewide office from June 28 to August 23, the date of the U.S. House and State Senate primaries.

The Complaint points out the obvious inconsistency in the state’s position…New York primary statewide petitions can use the old, invalid districts to satisfy the distribution requirement; but the state expects the independent petitions to use the new districts, which is extremely burdensome, since that allows only eleven days between the creation of the new districts, and the independent candidate petition deadline.

The voters in this new lawsuit say they want the primary filing opened so that new candidates can run in the primaries for Governor. Although no plaintiff is an independent candidate, or a supporter of an independent candidate, this lawsuit is very helpful to independent candidates. The Complaint says the independent petitions should be due on June 20, not May 31. Thanks to Thomas Jones for the news about the lawsuit.