Rocky De La Fuente Wins New Jersey Lawsuit on Out-of-State Circulators for Primary Petitions

On April 20, a U.S. District Court issued an opinion in Arsenault v Way, 3:16cv-1854, striking down the New Jersey residence requirement for petitioners who wish to circulate petitions for candidates running in primaries. Here is the 21-page decision. The case had been filed in 2016 when Rocky De La Fuente was running in Democratic presidential primaries. He needed 1,000 signatures of registered Democrats in order to get on the New Jersey Democratic presidential primary. He did not get on that ballot; the only candidates who appeared on that ballot were Hillary Clinton and Bernie Sanders.

Originally the U.S. District Court had upheld the restriction, but then the Third Circuit had remanded it and said the lower court should have used the strict scrutiny test. Under that test, the law cannot survive unless the state can show that it has a compelling need for the restriction. The state tried to argue that the Democratic and Republican Parties would be harmed without the restriction, but the two major parties themselves never intervened in the case and the state produced no evidence that the parties would be harmed.

Ohio Senate Passes Bill for Party Labels for State Supreme Court and Appellate Court Races

Ohio has partisan primaries for judicial offices, but in the general election there is no party label for judicial nominees. On April 21, the Ohio Senate passed SB 80. It says there should be partisan labels on general election ballots, starting in 2022, for State Supreme and State Appellate races. It passed the Senate on a party-line vote, with Republicans in favor and Democrats opposed.

Ironically, some years ago the Ohio Democratic Party filed a federal lawsuit to require party labels on the general election ballot. They lost that lawsuit, and now appear to have changed their mind.

Illinois Supreme Court Construes Election Law to Ban Persons from Circulating for a Primary Candidate and a General Election Candidate in Same Year

On April 21, the Illinois Supreme Court issued an opinion in Elam v Municipal Officers Electoral Board for Village of Riverdale, 2021-IL-127080. It said that the election law does not permit anyone to circulate for a primary candidate and then later circulate for an independent candidate, in the same year, even if the offices were different. Here is the eleven page opinion.

On page ten, the opinion says, “Circulators are the cadre of any political movement. A party needs a cadre to exist. Once a circulator acts on a party’s behalf to solicit signatures, he remains the party’s agent (if he is active at all) for the electoral season. This helps political parties to act as entities selecting and offering candidates to the voters.” The decision also says in the next paragraph that it cause voter confusion if a circulator circulated both types of petition. These paragraphs seem absurd. A circulator may be a professional and it seems odd for the government to care about his or her motives. No one would propose a law that a campaign consultant couldn’t work on a primary campaign and then another campaign for an independent candidate in the same year.

Mississippi Supreme Court Asked to Invalidate the State’s Initiative Process

On April 14, the Mississippi Supreme Court heard arguments in a case filed by a voter, who argues that the entire statewide initiative process is invalid. It was passed in 1992 when Mississippi had five U.S. House districts. Unfortunately, the law said initiatives need signatures from all five districts. But Mississippi lost a U.S. House seat after the 2000 census, and the law has never been repaired. See this story.