North Carolina Election Board Files Brief in Congressman Cawthorn’s Case on Qualifications

Posted on by February 9, 2022
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On February 7, the North Carolina State Board of Elections filed this brief in Cawthorn v Circosta, e.d., 5:22cv-50. This is the case filed by Congressman Madison Cawthorn, to stop the Board from adjudicating whether he meets the Constitutional qualifications to run for re-election. The challenge to him is based on the 14th Amendment, section 3, which bars anyone who took an oath to the constitution, and then engages in insurrection.

The most interesting part of the brief starts on page 25, and argues that states can judge the qualifications of congressional candidates, and can keep unqualified candidates off the ballot. Earlier parts of the brief argue procedural problems, such as arguing that Congressman Cawthorn hasn’t been injured unless the challenge succeeds, so the case is premature.

COFOE Board Contributes to Costs of Cert Petition for Alabama Lawsuit on Access to Voter Registration List

Posted on by February 9, 2022
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The Coalition for Free & Open Elections (COFOE) will contribute $2,000 to help pay the costs of filing a cert petition in the U.S. Supreme Court, in the Alabama case over access to the list of registered voters. Alabama gives a free list of the registered voters to qualified parties, and to state legislators, and to jury commissioners, and to the election offices of other states. But it charges over $36,000 if an unqualified party wants the list.

In 1970 a 3-judge U.S. District Court in New York ruled that if the state gives a free list of the registered voters to the qualified parties, it must give the list to unqualified parties that are petitioning. Socialist Workers Party v Rockefeller, 400 US 806. The U.S. Supreme Court summarily affirmed this ruling, which means that it is binding on the entire country. Nevertheless, the lower federal courts in Alabama upheld the state’s policy. The Alabama Libertarian Party will be asking the U.S. Supreme Court to hear the case. All courts outside Alabama that have considered a case like this have always ruled that the list must be given to the minor party or independent candidate who had sued. There is a Circuit split with the Second Circuit, which always helps to persuade the U.S. Supreme Court to hear a case.

COFOE gets all its income from persons who contribute to COFOE. COFOE thanks everyone who has contributed over the years. COFOE was founded in 1985 and is a loose coalition of most of the nation’s nationally-organized parties, plus other organizations that support ballot access.

Kansas Ballot Access Bill Introduced

Posted on by February 9, 2022
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On February 1, the Kansas House Elections Committee introduced HB 2578. It lowers the party petition from 2% of the last gubernatorial vote, to 1%, and also expands the amount of time permitted to collect the signatures from six months to one year. The Green Party is responsible for getting this bill introduced. In Kansas, many bills are introduced by committees, rather than by a single legislator. The fact that the bill is sponsored by the committee doesn’t necessarily mean the committee favors the bill, but it is a good sign to have the committee sponsor the bill.

U.S. District Court Judge Enjoins Georgia Law that Restricted Campaign Donations Unequally

Posted on by February 9, 2022
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On February 7, U.S. District Court Judge Mark H. Cohen, an Obama appointee, enjoined the new Georgia law that lets individuals donate unlimited amounts of money to an incumbent Governor who is running for re-election, yet continues to restrict donations to other gubernatorial candidates to $7,600. Perdue v Kemp, n.d., 1:22cv-53. Here is the opinion.
Here is a news story about the decision.

Wyoming Bill to Move Primary from August to May

Posted on by February 9, 2022
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Wyoming Representative Chip Neiman (R-Hulett) has introduced HB 74. It moves the primary from August to May, and says if no one gets 50% in the primary, there will be a run-off primary in August. Neiman also introduced a proposed constitutional amendment to legalize this change, which is HJ3.

Wyoming doesn’t have ordinary legislative sessions in even years; it only has a budget session. But non-budget bills can be considered in even years if two-thirds of each house votes to consider the bill. It is not likely that the bill will get that much support. The motivation for the bill is to make it more difficult for Liz Cheney to receive the Republican nomination for another term in the U.S. House, although even if the bill passed, it couldn’t take effect in time for the 2022 election. Thanks to Fairvote for the news about the bill.