Georgia Governor Signs Redistricting Bills for U.S. House and Legislative Districts

Posted on by December 30, 2021
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On December 30, Georgia Governor Brian Kemp signed the bills to redistrict the state’s U.S. House and legislative districts. He waited until almost the last day to do that. A few minutes after he signed the bills, a federal lawsuit was filed challenging the new legislative district boundaries. Alpha Phi Alpha Fraternity v Raffensperger, case number not assigned yet. Check back here tomorrow for a link to the Complaint, which alleges a racial gerrymander.

The petitioning period for independent candidates and the nominees of parties that didn’t poll 20% for President in the entire U.S., or Governor, opens in two weeks, but if there is uncertainty about the district boundaries, candidates can’t start to petition. The petition deadlines are in mid-July.

New Hampshire Bill to Convert Primaries from Semi-Closed to Closed

Posted on by December 31, 2021
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New Hampshire Representative David Love (R-Derry) has introduced HB 1166. It would convert primaries from semi-closed to closed. Currently an independent voter may choose a partisan primary ballot on primary day. The bill would restrict primary voters to those voters who had been a member of the party for at least the preceding four months.

If passed, the bill would be unconstitutional as applied to any party that wanted to let independents continue to choose its primary ballot. The U.S. Supreme Court ruled in Tashjian v Republican Party of Connecticut that parties are free to decide for themselves whether to let independents vote in their primaries.

UPDATE: here is the text of the bill. Thanks to Alvin See for the link.

Maine Libertarian Party Files Letter with U.S. District Court, Giving Examples of Courts that Put Parties on Ballot After Law Declared Unconstitutional

Posted on by December 30, 2021
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As previously noted, in November 2021, a U.S. District Court in Maine struck down two ballot access laws that bar minor parties from the ballot, in a case filed in 2019 by the Libertarian Party. But the judge has not yet ruled on injunctive relief.

On December 29, the party filed a letter with the court, mentioning precedents from other states that say when a ballot access law is declared unconstitutional in a lawsuit filed by a minor party, it is normal for the court to then put that party on the ballot. Here is the four-page letter, which includes three U.S. Supreme Court precedents, won by the American Independent Party in Ohio in 1968, the National Democratic Party in Alabama in 1968, and the Harold Washington Party in Illinois in 1990. The National Democratic Party of Alabama, despite its name, was a minor party not affiliated with the Democratic Party. The letter includes precedents from lower courts as well.

Texas County Election Official Files Federal Lawsuit Against New Law Making it a Crime for Anyone to Suggest that Anyone Apply for an Absentee Ballot

Posted on by December 30, 2021
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On December 10, two Texas county election officials filed a federal lawsuit against the new law that makes it a crime for anyone to suggest that anyone ask for an application for a mail ballot. That law was passed earlier in 2021. Longoria v Paxton, w.d., 5:21cv-1223. The case is assigned to U.S. District Court Judge Xavier Rodriguez, a Bush Jr. appointee. On December 28, the plaintiffs filed this brief in support of their request for a preliminary injunction. The case says the new law violates the First Amendment.

Texas Candidate Sues to Remove Her Opponent from Primary Ballot Because of a Hyphen

Posted on by December 29, 2021
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On December 17, Texas Democratic judicial candidate Nadine Nieto filed a lawsuit in state court to remove her opponent from the March 1 Democratic primary ballot in Bexar County. Both women are running for a judicial office.

The lawsuit says the true name of the opponent is Lisa Uresti Dasher, but the opponent listed her name on the declaration of candidacy as Lisa Uresti-Dasher. See this story.