On Thursday, September 16, the Appellate Division of the New York Supreme Court, Division 4, heard arguments in Brown v Erie County Board of Elections. The hearing only lasted twenty minutes. Four judges are on the panel. One of them was clearly inclined to uphold the May petition deadline for independent candidates. The other three judges mostly didn’t reveal their thoughts.

Because Buffalo Mayor Byron Brown won this case in the state trial court, the ruling of the lower court will stand unless at least three of the four judges vote to reverse it.

Meanwhile, the Second Circuit has the same issue before it in Meadors v Erie County Board of Elections, 21-2137. A ruling from that court is likely on Friday, September 17. The three judges are Debra Livingston, a Bush Jr. appointee; Denny Chin, an Obama appointee; and William J. Nardini, a Trump appointee. There is no oral argument in the Second Circuit case.

If both the state and federal courts fail to grant injunctive relief against the May deadline, then the only candidate on the November ballot will be India Walton, the Democratic Party nominee. UPDATE: see this story.

On September 2, U.S. District Court Judge Jill Otake issued an order in Boria v Nago, a Hawaii case, 1:20cv-433. This is the lawsuit filed in 2020 by U.S. citizens who formerly lived in Hawaii, who now live in either Guam or the U.S. Virgin Islands. If they lived in a foreign country they could vote in Hawaii by absentee vote. But because of certain federal laws, because they live in a U.S. territory, they cannot vote absentee in Hawaii elections.

The judge ruled that the procedural objections to the lawsuit are without merit. This likely means that in the near future, she will declare the federal laws that prohibit the voters from voting to be unconstitutional under the 5th and 14th amendments. Thanks to Michael Richardson for this news.

On September 13, two Texas Democratic State Senators filed this brief in Eckhardt v Abbott, w.d., 1:21cv-769. This is the case in which the plaintiffs argue that the Texas Constitution requires redistricting to be done only in regular sessions of the Texas legislature. The Texas legislature won’t have a regular session until early 2023, so if this case prevails, the courts would redraw the Texas congressional and legislative districts.