Libertarian Party Wins Illinois Ballot Access Lawsuit

On March 4, U.S. District Court Judge Robert Gettleman, a Clinton appointee, issued an injunction, directing Cook County, Illinois election officials to recognize that the Libertarian Party is ballot-qualified for all partisan Cook County office this year. The officials had determined that even though the party polled enough votes in 2020 to be ballot-qualified inside Cook County, the party could only nominate executive positions in its June 2022 primary, not county commission candidates. Here is the four-page order in Libertarian Party of Illinois v Yarbrough, n.d., 1:22cv-578.

Congressman Madison Cawthorn Wins Federal Lawsuit to Stop Challenge to His Ballot Position

On March 4, U.S. District Court Judge Richard E. Myers, a Trump appointee, ruled from the bench at the close of the hearing in Cawthorn v Circosta, e.d., 5:22cv-50. He enjoined North Carolina election officials from permitting a challenge to the ballot access of Congressman Madison Cawthorn on the grounds that the Fourteenth Amendment, section three, bars congressional candidates who engaged in insurrection after having taken an oath to the Constitution. The judge said that when Congress passed the Amnesty Act in 1872, that suspended that part of the Constitution. That point is legally contested; the other side says the 1872 Amnesty Act just applied to the Confederate officials for their actions in the civil war.

The written opinion will be posted here when it is available.

Several Organizations and Scholars File Amicus Brief in U.S. Supreme Court in Ohio Initiative Case

On March 3, several organizations filed an amicus curiae brief in the U.S. Supreme Court on behalf of the petitioners, in Thompson v DeWine, 21-1120. This is the Ohio case on whether the state should have given petitioning relief to initiative proponents during the covid health crisis.

The Court has this case on its March 4 conference, but no news will be available until March 7 at the earliest.