Larry Elder Wins Ballot Access Lawsuit

On June 21, Larry Elder won a court order in Sacramento Superior Court, putting him on the September 14, 2021 recall ballot. See this story. The case is Elder v Weber, 34-2021-80003682 in Sacramento Superior Court.

The basis for the decision is that the law requiring gubernatorial candidates to submit their income tax returns only applies to primary elections, and the gubernatorial recall is not a primary. This means that none of the other 41 candidates need to have bothered to have submitted their returns. But of course no one could have known that for sure, at the time of the filing deadline.

So far, there is no written decision.

U.S. District Court Enjoins Florida Law Preventing Candidates for Non-Partisan Office from Mentioning their Party

On July 14, U.S. District Court Judge M. Casey Rodgers, a Bush Jr. appointee, enjoined the Florida law that makes it illegal for candidates for non-partisan office from mentioning their political party. Hetherington v Madden, n.d., 3:21cv-671. Here is the order.

This is the second Florida election law that has been enjoined by a federal court this month. The first was the severe limit on contributions to an initiative campaign. Thanks to the Institute for Free Speech for the news about the Hetherington case.

Congressional Bill to Require Speaker of House to be a Member of the House

Congressman Brendan Boyle (D-Pennsylvania) has introduced a bill to require that the Speaker of the House be an elected member of the House. The bill doesn’t have a bill number yet. Article II, section two of the U.S. Constitution says “The House of Representatives shall chuse their Speaker and other Offices” but does not say the House must choose a member. However, all speakers in history have been members of the House.

The presidential succession act says that if the president and vice-president both die, the Speaker shall become president.