Wyoming Republican Party Likely to be Sued over Procedure for Choosing Nominees to Fill Vacancy in Public Office

On January 22, the Wyoming Republican Party state central committee met and chose three nominees to fill the vacancy in the office of the state’s Superintendent of Public Instruction. Because the Republican Party nominee for that office had been elected in 2018, and because that office is now vacant due to a resignation, state law says the Republican Party may choose three replacement nominees. Then, the Governor chooses one of them.

The party is being threatened with a lawsuit because it chose its three nominees under a system in which each county party had three votes, despite extreme population disparities between counties. See this story.

Three-Judge U.S. District Court Strikes Down Alabama’s New U.S. House District Boundaries

On January 25, two federal courts in Alabama struck down the new U.S. House districts. The judges believe it is likely that the new plan violates section 2 of the Voting Rights Act, because 27% of the population of Alabama is African-American, yet the districts are drawn so as to make it extremely likely that African-Americans could only elect one of their own in one of the seven districts. The court wants the legislature to draw a new map in the next two weeks. If the legislature does not do so, a special master will be hired who will do the job.

One case is Caster v Merrill, n.d., 2:21cv-1536. It is based solely on the Voting Rights Act, not the U.S. Constitution, so it only needed a single judge. The other case, which is combined, in a sense, is Singleton v Merrill, which does have a 3-judge court. Thus there are two opinions but they repeat the same material. The Caster judge is Anna Manasco, a Trump appointee. The Singleton judges, besides her, are Judges Stanley Marcus (a Clinton appointee) and Terry Moorer (a Trump appointee). At this time the judges did not express an opinion about the constitutionality of the plan, so both cases turn on the Voting Rights Act.

The decision says that 43 attorneys participated in this case, and that the transcript is over 2,000 pages long. Here is the decision.

The decision says that candidate filing for the primary, which had been January 28, is now moved to February 11. The primary is in May. If further developments take longer than two weeks, it is conceivable that the May primary would be moved to a later date. If that happens, the petition deadline for independent candidates and new party petitions will also be later, because petitions are due on primary day.

Michigan Supreme Court Strikes Down 2018 Law Making Ballot Access for Initiatives More Difficult

On January 24, the Michigan Supreme Court struck down a 2018 law that makes it more difficult to get statewide initiatives on the ballot. The law said that no more than 15% of the signatures submitted could come from a single U.S. House district. This meant that once a certain number of voters from a particular district had signed the petition, any more signatures from voters in that district were not valid. This type of restriction, for either initiatives, minor parties, or independent candidates, is quite unusual.

The law had also been struck down the by Michigan State Appeals Court on October 29, 2021.

The decision is not yet on the State Supreme Court’s website, but it will be in a few days, and at that time a link to the opinion will be added to this post. Thanks to Thomas Jones for the news. UPDATE: here is the decision.

U.S. District Court Enjoins University of Florida’s Restrictions on Professors from Acting as Expert Witnesses in Voting Rights Cases and Other Cases

On January 21, U.S. District Court Judge Mark Walker, an Obama appointee, enjoined the policy of the University of Florida relative to its faculty becoming expert witnesses in voting rights cases, and other cases against state government. The policy requires the faculty to get advance permission before testifying against the state.

The decision starts with a discussion of a renowned university in Hong Kong, and how the Chinese government has persuaded the Hong Kong University to muzzle its faculty. The decision then shows how something similar has happened in Florida. Here is the 76-page decision in Austin v University of Florida Board of Trustees, n.d., 1:21cv-184. Thanks to the Institute for Free Speech for this news.

Oklahoma Bill for a Top-Two System

Oklahoma State Senator Lonnie Paxton (R-Tuttle) has introduced SB 1754. It would set up a top-two system. It would not use ranked choice voting.

Senator Paxton is in his second term. In 2020, when he was re-elected, no one ran against him, either in the primary or general election. Thanks to E. Zachary Knight for the news about the bill.