On July 28, the Sixth Circuit ruled that the lawsuit Thompson v DeWine, 21-3514, is moot. This is the case over whether Ohio should have granted ballot access relief to initiatives due to the covid-19 crisis. The opinion says, “The Covid-19 pandemic is unlikely to pose a serious threat during the next election cycle.” Here is the eight-page opinion.
On July 26, the Lansing, Michigan, city council removed the ballot measure asking if voters want to use ranked choice voting. Earlier the council had put that idea on the ballot. The city council reversed itself after the state sent a letter, warning that the city may not have the authority to implement ranked choice voting for its own elections. Thanks to Fairvote for this news.
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.
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.
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.
