As previously reported, on August 26, the Virginia Republican Party filed a lawsuit to remove Democratic gubernatorial Terry McAuliffe from the November 2021, on the grounds that he hadn’t signed a declaration of candidacy in the June 2021 Democratic primary. Although the state and McAuliffe filed responses the very next day, the court still hasn’t set a hearing date. Of course by now the ballots are being printed. Republican Party of Virginia v Piper, Circuit Court of the city of Richmond, CL 21-3848. Thanks to Richard Gardiner for this news.

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.

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.