On January 21, a federal lawsuit was filed against the new Florida ban on paying initiative circulators on a per-signature basis. Florida Right to Pray Together v Lee, n.d., 4:22cv-33. The case is assigned to U.S. District Court Judge Robert Hinkle, a Clinton appointee. Here is the Complaint. The case also challenges the new law requiring that the names and addresses of paid petitioners be printed on the initiative petition sheets, and the new law requiring paid circulators to register with the Secretary of State before they can work.
Last year the Ninth Circuit struck down Montana’s unequal distribution requirement for petitions to create a new party. Montana Green Party v Jacobson. That decision is now reported, at 17 F.4th 919 (2021). The fact that the decision is now in the Federal Reporter makes it easier to cite, in future cases challenging other unequal distribution requirements. Arizona and Iowa are the two remaining states that still have county distribution requirements for petitions for new parties, or for independent candidates.
Unequal distribution requirements for statewide petitions for minor parties and independent candidates have also been struck down in the last 52 years in Hawaii, Idaho, Illinois, Massachusetts, Michigan, Nebraska, New York, Ohio, Pennsylvania, Rhode Island, and Wyoming.
The administration of former President Donald J. Trump drafted an executive order, directing the Secretary of Defense to seize the vote-counting equipment used across the nation for the November 3, 2020 election. The order is dated December 16, 2020, but it was never issued. The presidential electors had met on December 14, 2020.
Here is a copy. Thanks to ElectionLawBlog for the link.
Hawaii Senator Ronald Kouchi has introduced SB 2046. It deletes the requirement that signatures on petitions to recognize a new party must include the entire date of birth. Signers would still need to show month and date, but no longer would be asked for the year. Senator Kouchi is President of the State Senate.
Arizona Representative David Cook (R-Globe) has introduced HB 2581. It would allow candidates who are incumbents to avoid collecting signatures to get on a primary ballot. Instead they would pay a $250 filing fee.