Delaware Lawsuit on Exclusion of Independent Voters from Being Judges Begins to Move Ahead

On November 29, James R. Adams filed a second amended Complaint in Adams v Carney, 1:20cv-1680. This is the case over the Delaware law that says no one may serve on an important state court unless he or she is a member of one of the two largest parties. Adams is an independent.

Adams already won this case earlier, but then the state appealed and the U.S. Supreme Court ruled that he didn’t have standing because he hadn’t specifically said he wanted to be a judge. In his latest complaint, he makes it clear that he does want a judicial appointment.

All Three Oklahoma Qualified Parties Retain Same Rules on Who Can Vote in their Primaries

Oklahoma has three qualified parties, Republican, Democratic, and Libertarian. In Oklahoma, all qualified parties nominate by primary. All parties are expected to tell the state whether they wish to let independent voters vote in their primaries. The decision is always made in early December of odd years. This year, the three parties retained the same rules they had in 2020. The Democratic Party will again let independents vote in their primaries; the Republican and Libertarian Parties will not. Thanks to Tony Roza for this news.

New York Libertarian and Green Parties file Reply Brief in Ballot Access Case in Second Circuit

On November 26, the New York Libertarian and Green Parties filed this reply brief in Libertarian Party of New York v New York State Board of Elections, 21-1464. The issues are the hostile changes made in 2020 to the ballot access laws for minor parties and statewide independent candidates. The Second Circuit will decide whether to enjoin any or all of the 2020 changes. If the Second Circuit agrees to an injunction, the Libertarian, Green, SAM, and Independence Parties would be back on the ballot for 2022.

Plaintiffs File Brief in Case Over Ability of U.S. Citizens Who Moved to Guam, to Vote Absentee in Former State of Residence

On November 22, the plaintiffs filed this brief in Barja v Nago, 1:20cv-433. This is the case over whether U.S. citizens who move from a state to Guam should be permitted to continue voting absentee in their former state. When U.S. citizens move to a foreign country, they are permitted to continue voting absentee in their last residence within the U.S. But when they move to Guam, they cannot do that. The case is filed in the U.S. District Court of Hawaii, because that is the former residence of the plaintiff-voters.

This case was formerly styled Reeves v Nago.