On March 1, the Montana Green Party and the Montana Secretary of State filed a proposed settlement with the U.S. District Court for Montana. It says that given that the ballot access law for newly-qualifying parties was held unconstitutional on November 8, 2021, in the Green Party’s lawsuit, therefore it is just and fitting that the party should be deemed a qualified party for the 2022 election. The settlement will take effect assuming the judge approves it. Here is the four-page document. Green Party v Jacobsen, 6:18cv-87.

Here is an eight-page document that gives additional information on the basis of the settlement.

Other instances when a ballot access law was held unconstitutional (or enjoined), and which a court then put the plaintiff political party on the ballot, have occurred in Alaska in 1983; Arkansas in 1996 and 2006; Hawaii in 1993; Idaho in 1984; Illinois in 1972 and 1990; Kansas in 1982; Maine this year, Nevada in 1986 and 1992; New Mexico in 1988; Ohio in 1968, 1970, 2007, and 2013; Oklahoma in 1984; and Tennessee in 2012 and 2014.

Late on February 28, U.S. District Court Judge Steve C. Jones declined to enjoin the new Georgia U.S. House districts, because he said there isn’t time to require the legislature to draw new districts. But his very lengthy opinion suggests that the districts do violate the Voting Rights Act, and it seems somewhat likely those districts will be struck down in time for the 2024 election. Alpha Phi Alpha Fraternity v Raffensperger, n.d., 1:21cv-5337. Here is the 238-page opinion. Thanks to ElectionLawBlog for this news.

On February 28, the plaintiffs in U.S. District Court in the Pennsylvania redistricting case asked the U.S. Supreme Court to take control of the case, even though the U.S. District Court itself still hasn’t made any ruling. The plaintiffs are two Republican candidates for U.S. House, and some Republican voters. In the U.S. District Court, the case is Toth v Chapman, m.d., 1:22cv-208. Here is the U.S. Supreme Court filing. Thanks to ElectionLawBlog for the link.

The case depends on the theory that Article One of the Constitution gives legislatures exclusive control over election laws that regulate congressional elections, unless or until Congress intervenes. This theory eliminates other branches of state government, such as the state courts, from having power over congressional elections.

UPDATE: the U.S. Supreme Court number is 21A457. The other side must respond by 5 p.m., March 3.