North Carolina Congressman Sues Clerk of State Supreme Court to Force Disclosure of Votes of Justices in Redistricting Case

Posted on by December 25, 2021
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On December 22, North Carolina Republican congressman Dan Bishop sued the clerk of the North Carolina Supreme Court in federal court. Bishop v Funderburk, w.d., 3:21cv-679. Recently the State Supreme Court issued an order postponing the 2022 primary from March to May. The Supreme Court did this in connection with a legal challenge to the redistricting plan passed by the legislature earlier this year.

Congressman Bishop wants to know how each member of the State Supreme Court ruled. The North Carolina Supreme Court has not released that information. The new federal lawsuit argues that the First Amendment requires that courts disclose such information. Here is the Complaint.

Maine Libertarian Party Files Brief Explaining Why U.S. District Court Should Put it on Ballot for 2022 and 2024

Posted on by December 24, 2021
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On December 23, the Maine Libertarian Party filed this brief in Baines v Bellows, 1:19cv-509. This is the ballot access case concerning new and minor parties. The Maine laws on de-enrolling party members when a party goes off the ballot, and restricting who can sign primary petitions, had been held unconstitutional on November 17, 2021. Afterwards the judge expected the Libertarian Party and the Secretary of State to come to a joint understanding on how to implement the decision.

But the Secretary of State declined to put the party back on the ballot, so now judge Lance Walker will decide.

It is normal for courts to put parties on the ballot, after the party has won a constitutional ballot access lawsuit. The U.S. Supreme Court put the American Independent Party on the Ohio ballot in 1968, and put the National Democratic Party on the ballot in several Alabama counties the same year (the National Democratic Party was an African-American party that was different from the Democratic Party). The U.S. Supreme Court also put the Harold Washington Party on the Cook County, Illinois ballot in 1990, even before declaring the laws that had kept it off the ballot unconstitutional.

Lower courts have taken similar action many times: in Alabama in 1990 (New Alliance), in Alaska in 1982 (Alaskan Independence), in Hawaii in 1974 (Peoples), in Idaho in 1984 (Populist), in Illinois in 1972 (Communist and Socialist Labor), in Kansas in 1982 (Libertarian), in Massachusetts in 1984 (New Alliance), in Michigan in 1984 (Socialist Workers), in Nebraska in 1976 and 1984 (Libertarian), in Nevada in 1986 (Libertarian) and 1992 (Populist and Natural Law), in New Mexico in 1988 (Workers World), in Ohio in 1970 (Socialist Labor), 2008 (Libertarian and Socialist) and 2014 (Libertarian, Green, Constitution, and Socialist), in Oklahoma in 1984 (Libertarian), in Tennessee in 2012 and 2014 (Green and Constitution), and in Wyoming in 1984 (Libertarian). There are probably other examples as well. In Maine itself, the Reform Party sued in 1996, but then the state agreed it had qualified for the ballot, so the court didn’t need to make a ruling.

Pennsylvania Supreme Court Invalidates Constitutional Amendment for Violating the “Single-Subject” Rule

Posted on by December 24, 2021
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On December 21, the Pennsylvania Supreme Court invalidated a state constitutional amendment that the legislature had put on the 2019 ballot, on the grounds that it violated the “single-subject” rule. League of Women Voters of Pennsylvania v DeGraffenreid. The measure had passed with 74% of the vote. The Supreme Court vote was 6-1. Here is the majority opinion.

The amendment was called the “victim’s rights amendment”. It said victims of crime have the right to take part in public proceedings concerning the criminal justice proceedings against the accused. It said the courts should consider the victim’s safety when the court makes a decision about bail for the accused; that reasonable protection from the accused should be granted to the victim. It made provision for restitution and return of property belonging to the victim; and provisions to minimize delay in the criminal proceedings.

Although initiatives frequently have trouble with state provisions that the initiative be a single subject, it is rare for courts to invalidate constitutional amendments that the legislature placed on the ballot under single-subject rules.

Ballotpedia Finds Five Partisan Elections in November 2021 Where Minor Party Held Balance of Power

Posted on by December 23, 2021
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Ballotpedia has looked at partisan races held on November 2, 2021, and has identified two state legislative races, and three for local office in New York state, where a minor party nominee polled more votes than the margin between the Republican and the Democratic nominees. See the list here. One legislative race was in New Jersey and one was in Virginia.

Seattle Recall Opponents Made Good Use of “Pop-Up” Ballot Printing Stations

Posted on by December 23, 2021
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As previously noted, Seattle city councilmember Kshama Sawant defeated the December 7 recall that tried to remove her from office. Part of her strategy was to set up “pop-up voting booths” throughout her district. In Washington, any registered voter is free to print his or her own postal ballot and use it. The “pop-up voting booths” enabled persons to use the computer provided at the site to print their own ballot. The volunteers merely had to remain neutral while they interacted with the voter. See this story.