Ohio Supreme Court Hears Political Gerrymandering Lawsuit

On December 28, the Ohio Supreme Court heard oral arguments in the lawsuit over the new district boundaries. The Ohio State Constitution was amended in 2018 by the voters, requiring that redistricting not favor any one particular party. The lawsuit was filed by voters and groups who believe the new districts violate the state Constitution. See this story about the argument. Thanks to ElectionLawBlog for the link.

Republican City Councilmember in Tennessee Loses Bid to Place her Party Label on Ballot

All city elections in Tennessee are non-partisan, unless the city passes a law for partisan elections. On October 28, 2021, U.S. District Court Judge Eli Richardson,a Trump appointee, denied injunctive relief for Jenna Amacher, a councilmember in Tullahoma who is running for re-election in spring 2022. She wants “Republican” next to her name on the ballot, and filed a federal lawsuit. Amacher v State, m.d., 3:21cv-638. Here is the order denying injunctive relief.

It would have been surprising if she had won injunctive relief, because the the Sixth Circuit already upheld an Ohio law that does not permit party labels on the ballot for candidates for State Supreme Court Justice, even though parties do nominate for that office. Since that decision came out, however, the Ohio legislature added party labels to the general election ballot for State Supreme Court elections. Tennessee is in the Sixth Circuit.

President Biden Appoints Two Voting Rights Specialists to Appeals Courts

President Biden has appointed specialists in voting rights to two U.S. appellate courts. Myrna Perez was approved by the U.S. Senate on October 25, by a vote of 48-43. Here is information about her background. She is now on the Second Circuit, which includes New York, Connecticut, and Vermont.

On December 23 the President chose Nancy Abudu for the Eleventh Circuit, which contains Florida, Georgia, and Alabama. Here is information on her background.

These are the first appointments of voting rights specialists made by any president to U.S. appellate courts since 1961, when President Kennedy appointed Thurgood Marshall to the Second Circuit.

North Carolina Congressman Sues Clerk of State Supreme Court to Force Disclosure of Votes of Justices in Redistricting Case

On December 22, North Carolina Republican congressman Dan Bishop sued the clerk of the North Carolina Supreme Court in federal court. Bishop v Funderburk, w.d., 3:21cv-679. Recently the State Supreme Court issued an order postponing the 2022 primary from March to May. The Supreme Court did this in connection with a legal challenge to the redistricting plan passed by the legislature earlier this year.

Congressman Bishop wants to know how each member of the State Supreme Court ruled. The North Carolina Supreme Court has not released that information. The new federal lawsuit argues that the First Amendment requires that courts disclose such information. Here is the Complaint.