First Circuit Posts Oral Argument Recording in Maine Out-of-State Circulator Ban

Anyone can hear the oral argument of July 27 in We the People PAC v Bellows, 21-1149, at this link. It lasts 46 minutes. This is the case over Maine’s ban on out-of-state circulators for initiative petitions, and a second restriction that says no one may circulate unless he or she is registered in the town in which the petition is circulating. The lower court had struck down the ban.

U.S. District Court Strikes Down Wyoming’s 300-Foot “No Politics” Zone Around Polling Places

On July 22, U.S. District Court Judge Nancy D. Freudenthal, an Obama appointee, struck down Wyoming’s 300-foot “no politics” zone around polling places on election day. Frank v Buchanan, 2:20cv-138.

Here is the 16-page order. One of the plaintiffs wanted to circulate petitions at the polling place, but 300 feet is such a long distance, the law made that almost impossible. The order also strikes down the ban on large bumper stickers on cars that are parked near the polling place.

The U.S. Supreme Court upheld a 100-foot zone in 1992, but generally when states require bigger zones, courts strike them down. Thanks to Trent Pool for this news.

Institute for Governmental Studies Berkeley Poll on California Gubernatorial Recall

On July 27, the Institute for Governmental Studies at Berkeley released this poll of the September 14, 2021 California gubernatorial recall election.

The bottom half of the poll includes the replacement candidates. Because so many voters are undecided, the poll asked whether the voter is considering voting for particular candidates. Larry Elder is being considered by 34%, more than any other candidate. Jeff Hewitt, the sole Libertarian, is being considered by 12%.

The poll also did ask which candidate the respondents favor, and Larry Elder is leading there also, with 18%.

Most voters do not favor recalling Gavin Newsom, but among voters most likely to vote, the anti-recall vote is only 3% above the pro-recall vote.

First Circuit Hears Maine Case on Out-of-State Ban for Initiative Circulators

On July 27, the First Circuit heard We the People PAC v Bellows, 21-1149. The issue is Maine’s ban on out-of-state circulators for initiatives, and also the parallel requirement that the circulators must be registered in the town or city they are working in. The judges are William Kayatta and David Barron (Obama appointees) and U.S. District Court Judge Patti Saris (a Clinton appointee). When there is news about how the hearing went, it will be posted here.

New Hampshire Governor Must Act on HB 98 by Saturday, July 31

New Hampshire HB 98 was sent to Governor Chris Sununu on Monday, July 26. He has five days to act on the bill. It moves the non-presidential primary from September to August. Unfortunately it also moves the petition deadline for independent candidates, and the nominees of unqualified parties, from August to July. And it moves the deadline for such candidates to file a declaration of candidacy from June to May. That even includes presidential candidates, so if the bill is signed, minor parties will be forced to choose their presidential nominees by May of election years if they want to be on the New Hampshire ballot.