On May 5, the proponents of several Ohio initiatives filed this brief in U.S. District Court, in Thompson v DeWine, s.d., 2:20cv-2129. This is the case over petitioning relief for initiatives. Although the Sixth Circuit denied injunctive relief (and the U.S. Supreme Court refused to get involved), that doesn’t necessarily mean Ohio’s policy is constitutional. The proponents of the initiatives will seek a ruling that Ohio violates the First Amendment by its policy. Here is the brief.
On May 5, Louisiana State Senator Sharon Hewitt withdrew her SB 235, the bill to again let parties nominate candidates (other than presidential nominations). She feels the bill would not pass the State Senate. Thanks to Mike Wolf for this news.
In January 2021, Maricopa County election officials began a forensic of the vote-counting equipment. On May 4, a state trial court ruled that political parties do not have a right to have observers present. Maricopa County Libertarian Party v Maricopa County, superior court, cv2021-2205. See this story.
This audit is not related to the separate audit ordered by the Arizona State Senate and supported by former President Donald Trump.
On May 3, the Georgia Supreme Court issued a ten-page opinion in Bell v Raffensperger, S21A0306. An independent candidate in 2020 needed 1,255 signatures to get on the ballot. He submitted 2,200 but was told in early September that he only had 827 valid signatures. He sued in state court, which denied relief. Then he appealed to the State Supreme Court, which merely says that the case is moot.
The experience of Andrew Bell, the plaintiff-candidate, shows how difficult it is to petition in Georgia for district office.
In 1980, when the same thing happened to John B. Anderson, the independent presidential candidate, a U.S. District Court in Georgia put him on the ballot on the basis that due process demands that when a candidate is told he or she doesn’t have enough signatures, the candidate must be given a chance to show that he really did have enough signatures. Unfortunately, that case, Anderson v Poythress, seems to have been long forgotten. It is not reported.
On May 4, Florida Governor Ron DeSantis set the special election for U.S. House, 20th district, for January 11, 2022. The seat is vacant because Congressman Alcee Hastings died on April 6, 2021. The Governor’s proposal means that this seat will have been empty for nine months. A lawsuit is pending over the timing of the special election, Dowling v DeSantis, s.d., 9:21cv-80796. Thanks to PoliticalWire for this news.
