U.S. Supreme Court Dockets Libertarian Ohio Case

The U.S. Supreme Court has assigned case number 21-226 to Libertarian Party of Ohio v Crites. The state’s response is due September 15. This is the case that challenges the Ohio law on the composition of the state Elections Commission. The Commission consists of three Democrats, three Republicans, and one person who is not a member of any party. Therefore a member of some other party can never qualify for membership on the commission. Yet the commission has jurisdiction over state-sponsored general election gubernatorial debates, which strongly affect parties other than the two major parties. Thanks to Thomas Jones for this news.

The Coalition for Free & Open Elections (COFOE) has a board meeting on August 22, and the board expects to discuss this case and consider any ideas for obtaining an amicus curiae brief on the side of the Ohio Libertarian Party.

California Secretary of State Makes a Tiny Concession to Unqualified Parties in the Official Voter Information Guide

The California Secretary of State always sends a booklet in the postal mail to all registered voters, before a statewide election for partisan office. The Guide publishes statements from candidates, although the candidates must pay, on a per-word basis.

The Guide for the September 14, 2021 gubernatorial recall has statements from three gubernatorial candidates who are registered into unqualified political parties.

The three gubernatorial candidates who are registered into a political body are Michael Loebs of the California National Party, James G. Hanink of the American Solidarity Party, and David Moore of the Socialist Equality Party. For those three candidates, the heading on their statement says, “No qualified party preference.” But for all the other candidates who are associated with unqualified parties, the heading says, “No party preference.” For instance, the heading for the Socialist Workers Party candidate, Dennis Richter, is, “No party preference.” That is apparently because Richter did not fill out his voter registration form to show him as a member of the Socialist Workers Party.

This is a very miniscule recognition by the Secretary of State that it is misleading to force candidates to say they have “no party preference” when they do have a party preference. This recognition does not extend to the actual ballot itself, however. That says “party preference: none” for Loebs, Hanink, Moore, and Richter.

U.S. District Court Sets August 30 Hearing in Lawsuit Over Constitutionality of California Recall

U.S. District Court Judge Michael Fitzgerald, an Obama appointee, will hear Beaber v Weber on Monday, August 30, in Los Angeles. This is the lawsuit that argues the California gubernatorial recall rules violate the U.S. Constitution. The state’s brief in defense of the law is due August 24, and the reply brief of the plaintiffs is due August 26.

California Bill to Replace “Disobedient” Presidential Electors Appears to Have Been Abandoned

California SB 103, which would “fire” disobedient presidential electors and replace them with others, appears to have been abandoned by its author, State Senator Bill Dodd. Senator Dodd sent the bill to the Rules Committee in June and it has not moved since, even though it had passed the State Senate.