Missouri Supreme Court Unanimously Puts Redistricting Referendum on November Ballot and Reinstates Old Pre-Gerrymander District Lines

On September 3, the Missouri Supreme Court unanimously ruled that the referendum petition filed months ago must go on to the November ballot. The referendum concerns U.S. House district boundaries. When the legislature redrew the U.S. House districts earlier last year, opponents of the new lines mounted a referendum petition. But then the Secretary of State refused to put it on the ballot, arguing that the referendum process can’t be used to alter federal election rules. The State Supreme Court has reversed that decision. Furthermore, this means that the old districts will not be used until after the voters vote on the issue.

The Secretary of State says he will ask the U.S. Supreme Court to reverse the State Supreme Court. Here is the State Supreme Court opinion. Harris v Hoskins, SC101806.

Article in The Downballot Describes Campaign in Massachusetts Around Top-Two Initiative

Jeff Singer and David Nir of The Downballot here describe the Massachusetts campaign for and against Question Three, the top-two initiative.

As is normal for articles, nothing is said about how the initiative makes it far more difficult for a minor party to be ballot-qualified. The relatively easy way currently for a party to be ballot-qualified is by polling 3% for any statewide race. It is fairly easy for a minor party to meet this test in midteerm years, when Auditor, Treasurer, and Secretary of State are on the ballot. Most voters don’t care very much who wins for those offices, and therefore voters are generous to third party candidates in those races. But if the initiative passes, parties won’t have nominees (except for president) so that option would be gone.

Michigan Files Response in U.S. Supreme Court in Initiative Petition Validity Lawsuit

On September 2, Michigan filed this response in the U.S. Supreme Court in Americans for Citizen Voting v Michigan Board of State Canvassers, 26A275. The issue is whether an initiative petition has enough valid signatures. The state has used a random sample procedure, and if only three more signatures had been validated, the initiative would have had enough. Sponsors of the initiative had submitted affidavits from voters whose signatures had been rejected, saying that is their real signature. But the state rejected that evidence for various procedural reasons.

The appeal had been filed on August 31, and Justice Brett Kavanaugh had then asked the state to respond by September 2, which it has now done.