Memo Revealed: Written for Vice-President Michael Pence by a Trump Attorney, It Tries to Show Pence How to Throw Out Electoral Votes from Seven States in January 2021

This two-page memo, written by attorney John Eastman (an advisor to President Donald Trump), was given to Vice-President Mike Pence in late 2020 or early 2021. It tries to persuade Pence that he could and should invalidate the electoral votes from seven states, when he was presiding over the Electoral Vote count on January 6, 2021. Thanks to Election Law Blog for the link.

Ohio Files Brief in U.S. Supreme Court in Case over Composition of State Elections Commission

On September 20, Ohio filed this response in the U.S. Supreme Court in Libertarian Party of Ohio v Crites, 21-226. This is the case over the composition of the state Elections Commission, which must contain three members of each of the two largest parties, and one person who is not a member of any party.

The state says that because the Ohio Libertarian Party went off the ballot after the November 2020 election, it has no members and therefore anyone associated with the Libertarian Party is not blocked from applying to be on the commission. It also says that when the case was filed, its member who is a co-plaintiff would not have been eligible anyway, because he was an officer in the Ohio Libertarian Party, and the law does not permit officers of parties to serve on the Commission.

Texas Files Brief in Lawsuit Over Whether Special Sessions of Legislature May Redistrict

On September 15, the state of Texas filed this brief in Gutierrez v Abbott, w.d., 1:21cv-769. This is the case over whether a special session of the Texas legislature can pass a redistricting bill. The plaintiffs, two Texas Democratic State Senators, argue that the Texas Constitution says only regular sessions of the legislature can redistrict. Texas won’t have a regular session of the legislature until 2023.

The state argues that the question of whether special sessions of the legislature may pass a redistricting bill is a matter for state court. Also the state argues that special sessions of the legislature can pass redistricting bills. Also the state argues that the plaintiffs don’t have standing, and that the lawsuit was filed too early.

Democratic Party Files Letter Brief in Ninth Circuit in Arizona Case Over Order of Candidates on the Ballot

The National Committee of the Democratic Party is fighting to overturn the Arizona law on the order of candidates on the general election ballot. Arizona law puts the nominees of the party that won the last gubernatorial race (within each county) on the top line of the ballot.

On September 13, the Democratic Party filed this two-page letter brief, explaining that the fact that the party had lost its West Virginia case on September 1, on the same issue, should not control the Arizona case.

In 2020, the Democratic Party had filed lawsuits against six states that were putting Republican nominees on the ballot above Democratic nominees. So far the party had lost all of them, except the Arizona case is still alive. The other states, besides West Virginia, were Florida, Georgia, Texas, and Minnesota. The Democratic Party briefs in these cases consistently weaken their own case, by always arguing that any relief should only apply to major parties, and not minor parties or independent candidates.