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One More Brief Filed in Eleventh Circuit in Georgia Ballot Access Case

Posted on December 14, 2021 by Richard WingerDecember 14, 2021

On December 14, the Georgia Libertarian Party filed this Reply Brief in Cowen v Georgia Secretary of State, 21-13199. The reason the Libertarian Party is able to file one more brief is that both sides are contesting some aspect of the U.S. District Court decision.

This case concerns the 5% petition for district office, for Georgia independent candidates, and the nominees of parties that didn’t poll as much as 20% of the vote for president in the entire nation, or 20% for Governor, in the last election. The U.S. District Court struck down the petition, but imposed a 1% petition to replace it, combined with a filing fee.

Although the Libertarian Party is pleased that the 5% petition was struck down, it is unhappy that the judge imposed her own difficult interim requirement. This new brief is to present the Libertarian case against the interim relief.

The hearing is Friday, December 17, in Atlanta.

New Jersey State Trial Court rules that Bergen County Republican Committee Held an Election of Officers on the Wrong Date

Posted on December 13, 2021 by Richard WingerDecember 13, 2021

On December 13, a New Jersey state trial court ruled that the Bergen County Republican Party held its election of officers on a date that is too early, and therefore the election is invalid and the officers are unseated. See this story.

Nevada Voter Files Lawsuit in Nevada State Court to Block Top-Five Initiative

Posted on December 13, 2021 by Richard WingerDecember 13, 2021

On December 6, a Nevada voter, Nathaniel Helton, filed a lawsuit in state court to block an initiative that recently started to circulate for a top-five primary system. Helton v Nevada Voters First PAC, First Judicial District Court, Carson City, 21oc-001721B. See this news story, which has a link to the Complaint. Thanks to Fairvote for the link.

The lawsuit charges that the initiative violates the single-subject rule, because it eliminates party nominees, and it also provides for ranked choice voting in general elections. The lawsuit also charges that the Nevada Constitution requires initiatives that cost money to identify a funding source, and that the initiative fails to identify a new funding source.

Texas Lawsuits Over District Boundaries Now Seem Unlikely to Cause a Postponement of March 2022 Primary

Posted on December 13, 2021 by Richard WingerDecember 13, 2021

There are approximately eight lawsuits against the Texas U.S. House and state legislative district boundaries, mostly in federal court. But from the filings so far, it appears the plaintiffs will not seek a postponement of the March 2022 primary. Instead, if they prevail, they will probably depend on past Texas precedents when the boundaries of many districts changed after that year’s primary was over. In those cases, the primary results for the districts whose boundaries changed were set aside. Instead, candidate filing re-opened in those districts, and the winners were determined in November as though they were special elections. In Texas special elections, there are no party nominees. Everyone runs in the election, and if no one gets 50%, there is a run-off.

In 1996 in Texas, 13 of the U.S. House districts (out of 30 districts) used the special election procedures. The boundaries of the 1990’s districts had been changed after the 1996 primary by a federal court. Someone got over 50% in November in most of those districts. In the three districts in which no one got 50% in November, there was a run-off on December 10, 1996. Thanks to Jim Riley for this news.

Oklahoma Libertarian Wins Local Election by Default

Posted on December 12, 2021 by Richard WingerDecember 12, 2021

Anthony Garcia, a registered Libertarian, has been elected to the School Board that runs the Francis Tuttle Technology Center. The Board is responsible for a tech college, in cooperation with six local school boards. Garcia had been appointed to the board, but now an election is being held to fill the five seats on the board. Garcia is the only candidate who filed for the zone four seat, so he is automatically elected. Thanks to Chris Powell for this news.