Texas Libertarian Party Files Another Lawsuit Against Filing Fees that are Imposed on Candidates Seeking a Convention Nomination

On December 1, the Texas Libertarian Party filed a new lawsuit against the law that requires candidates seeking a convention nomination to pay a filing fee. Bilyeu v Scott, w.d., 1:21cv-1089. The party already has an earlier federal lawsuit pending against the old filing fee law, and it has a lawsuit in state court against the old law as well. The old law was ambiguous and did not make clear whether the filing fee had to be paid by convention nominees, or persons merely seeking a convention nomination. The new law says explicitly even persons seeking a convention nomination must pay the fee. Here is the Complaint.

The Complaint explains how irrational it is to require members of parties that nominate by convention to pay filing fees. Filing fees for parties that nominate by primary are rational; they keep the primary ballots from being too crowded. But that rationale doesn’t relate to parties that nominate by convention.

The case is assigned to U.S. District Court Judge Robert Pitman, who already has the older federal ballot access case.

New York City Council Passes Bill to Let Non-Citizen Residents Vote in Elections for City Office

On December 9, the New York city council passed a bill to let non-citizen adult residents vote in elections for city office. Although fourteen other cities in the U.S. allow non-citizens to vote in at least some local elections, New York city is the first place to allow adult resident non-citizens to vote in a partisan election.

Although Mayor Bill de Blasio has not yet signed the bill, he has said that he will not veto it. Some city council members who oppose the idea plan to sue, arguing that the measure violates the New York state constitution, which is silent on that issue. Here is a Ballotpedia article about cities in the U.S. that allow non-citizens to vote. The article is very comprehensive and has information about the state constitutions of all states that relate to the issue.

Assuming the measure goes into effect, it will be interesting to see the voter enrollement statistics for non-citizens. Obviously there will need to be a separate voter registration list for non-citizens, because they still won’t be able to vote in federal and state elections, so the two lists must be kept separate.

U.S. House Passes HR 5314, “Protecting our Democracy Act”, Including Financial Assistance to States and Localities to Help Pay for Ranked Choice Voting

On December 9, the U.S. House passed HR 5314, the “Protecting our Democracy Act” by a vote of 220-208. Here is a summary of the original bill. Before the bill passed, it was amended to include a provision granting financial assistance to states and local governments to help pay for the implementation of Ranked Choice Voting.

The general thrust of HR 5314 does not deal with election administration. Instead it limits presidential power and strengthens congressional subpoena power. The bill makes it illegal for presidents to pardon themselves, among many other provisions.

UPDATE: the only Republican who voted for the bill is Adam Kinzinger of Illinois.

Scholarly Report Explains How Canada is Able to Administer Elections in a Non-Partisan Way

Kevin Johnson and Alexander Vanderklipp have published this paper on how Canada is able to run its election administration (including drawing districts) in a non-partisan and efficient manner. All Canadian political parties acknowledge the competence and fairness of Canadian election administration.

Johnson and Vanderklipp are part of Election Reformers Network. Thanks to ElectionLawBlog for the link.