U.S. Supreme Court Considers Whether to Hear General Election Presidential Debate Case

On Friday, March 19, the U.S. Supreme Court considered whether to hear Level the Playing Field v Federal Election Commission, 20-649. No news about their decision will be known until Monday, March 22, at the earliest. The March 19 conference was notable for being in-person for most of the justices, the first in-person meeting they have had since last year.

Level the Playing Field v FEC concerns presidential general election debates. The Court has never had a case over presidential debates.

Oregon Bill to Move Primary in Presidential Years, for All Office, from May to March

Oregon State Senator Lee Beyer (D-Springfield) has introduced SB 785, which moves the primary for all office, in presidential years, from May to March. Oregon is one of the few states that never moves its primary date. It has been in May since 1916. Thanks to Josh Putnam for this news. If the bill passed, it would have no effect on petition deadlines for independent candidates or petitions to create a new party.

New California Registration Data

On March 19, the California Secretary of State released a new registration tally, the first since October 2020. See it here. Percentages are: Democratic 46.17%; Republican 24.14%; American Independent 3.07%; Libertarian .92%; Peace & Freedom .48%; Green .39%; unknown .56%; independent and miscellaneous 24.28%.

In October 2020, the percentages were: Democratic 46.13%; Republican 24.19%; American Independent 2.93%; Libertarian .89%; Peace & Freedom .47%; Green .38%; unknown .50%; independent and miscellaneous 24.51%.

The new tally measures voter registration as it was in February 2021. The Peoples Party had asked to have its registration tallied only ten days before the date of the new tally, so it has its first total, but it is very low because it had just got started. The new report shows that the Peoples Party has 332 registrants. It needs approximately 73,000 registrants to become qualified. The Common Sense Party has 8,222; the American Solidarity Party has 117; the California National Party has 425.

Democratic Party Files Opening Brief in Ninth Circuit in Arizona Lawsuit on Order of Candidates on Ballot

On March 18, the Democratic Party filed this opening brief in the Ninth Circuit in Mecinas v Hobbs, 20-16301. This is the lawsuit challenging the Arizona law on order of candidates on the general election ballot. The law says the nominees of the party that carried that county for Governor in the preceding election are placed on the top line. The U.S. District Court had upheld the law.

Eighth Circuit Hears Independent Candidate Ballot Access Case

On March 18, the Eighth Circuit heard Whitfield v Thurston, 20-2309. This is a challenge to the Arkansas ballot access law for non-presidential independent candidates for statewide office. The law requires 10,000 signatures, which can only be circulated in the months of February, March, and April of election years. Here is a link to the oral argument, which is 28 minutes long. The last seven minutes is probably the most interesting.