Erie County, New York, Files Brief in Lawsuit Challenging New York’s May Petition Deadline for Independent Candidates

On September 2, the Erie County Board of Elections filed a brief in Meadors v Erie County Board of Elections, w.d., 1:21cv-982. This is the case in which Buffalo Mayor Byron Brown challenged the independent candidate petition deadline. That deadline had always been in August, September, or October, until in 2019 it was moved to May.

The brief mostly relies on procedural issues. It says the voters who filed the lawsuit don’t have standing. It says the lawsuit was filed too late. It says the plaintiffs should have sued the individual members of the County Elections Board, instead of the Board itself. On the merits, it attacks Mayor Brown for being a “sore loser.” However, in Anderson v Celebrezze, the U.S. Supreme Court struck down the Ohio March petition on behalf of independent presidential candidate John B. Anderson, and Anderson himself was a “sore loser”. Anderson had his name on the Republican presidential primary ballots in twenty states, and didn’t win a single primary.

Two Texas Democratic State Senators File Lawsuit to Block Redistricting by the Texas Legislature’s Special Session

On September 1, two Texas Democratic State Senators filed a federal lawsuit to prevent the special session of the Texas legislature from drawing new U.S. House and legislative districts. The Complaint alleges that the Texas Constitution does not permit redistricting in special sessions. And Texas won’t have a regular legislative session until 2023. Eckhardt v Abbott, w.d. 1:21cv-769. The case requires a 3-judge court, and the judges have already been selected. Thanks to Political Wire for this news.

New Jersey Case on Primary Ballot Labels Appealed to Third Circuit

The New Jersey candidates who are fighting the New Jersey law on primary ballot labels have appealed to the Third Circuit. Mazo v Way, 21-2630. The law lets candidates in primaries choose labels, but if the labels mention an organization or an individual, the candidate must get permission from that group or organization. The plaintiffs want to have that restriction struck down.