Texas Legislature Opens Special Session and Hears Testimony About Bill to Make Voting More Difficult

Posted on by July 11, 2021
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The Texas legislature opened its special session on Thursday, July 8, and on Saturday, July 10, held a lengthy hearing on SB 1-E, the bill to make it more difficult for individuals to cast a ballot. See this story. Thanks to Thomas Jones for the link.

UPDATE: according to law professor Dan Tokaji, among many new changes and restrictions to the state’s electoral process, the bill would ban 24-hour voting and drive-through voting; prohibit election officials from proactively sending out absentee ballot applications to voters who have not requested them; add new voter identification requirements for voting by mail; limit third-party ballot collection; increase the criminal penalties for election workers who run afoul of regulations; and limit what assistance can be provided to voters.

New York Times Op-Ed Advocates Splitting California, Texas, Florida and New York Into Multiple States

Posted on by July 10, 2021
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Noah Millman has this op-ed in the New York Times, advocating that California, Texas, Florida and New York be broken up into several states. The rationale is partly for better government in those states, and partly because the idea would ameliorate the inequality caused by the Constitution’s provision that each state have two U.S. Senate seats.

Michigan Supreme Court Tells State Canvassing Board to Place Statewide Initiative on Ballot

Posted on by July 10, 2021
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On July 9, the Michigan Supreme Court unanimously issued an order, telling the Board of State Canvassers to place a statewide initiative on the ballot. Unlock Michigan v Board of State Canvassers, SC162949. Here is the order. The initiative has enough valid signatures but the Democratic members of the Board had refused to certify it, because they said they want to investigate the process by which the petition was circulated.

The initiative asks voters if they wish to repeal the Emergency Powers of the Governor Act of 1945. Under a unique Michigan law, the legislature may now itself pass the initiative and can do so without input from the Governor. Probably the legislature will now repeal the law and there won’t actually be a vote of the people. Thanks to Thomas Jones for this news.

Federal Lawsuit Filed to Force Virginia to Hold Legislative Elections in 2022 Using 2020 Census Data

Posted on by July 9, 2021
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Virginia elects its state officers in odd year elections. In years following a presidential election, such as 2021, only the statewide offices and the House of Delegates members are elected. In this year’s election for lower house of the legislature, the districts based on the 2010 census are being used, because the 2020 census data isn’t available yet.

On June 28, a Virginia voter filed a federal lawsuit, demanding that the terms of the lower house of the legislature be limited to one year, and that the state hold another election for the same office in November 2022, using the 2020 census data. Goldman v Northam, e.d., 3:21cv-420. Here is the Complaint.

This is not far-fetched, because in 1981, a U.S. District Court ordered that remedy, and Virginia Delegates elected in 1981 only got a one-year terhm. The state held another election for that office in 1982, using districts based on the 1980 census. Thanks to Ballotpedia for this yews.

Decision in Lawsuit Over Party Label for Gavin Newsom Expected Monday, July 12

Posted on by July 9, 2021
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On Friday, July 9, a Superior Court held arguments in Newsom v Weber, 34-2021-8003666. The issue is whether California Governor Gavin Newsom should have his party label on the September 14 recall ballot. He missed a deadline to request that his party label be next to his name. The Secretary of State did not oppose him in court, but attorneys for the recall proponents, and for candidate Caitlyn Jenner, intervened and argued that the deadline should not be set aside.

The judge is James Arguelles, the same attorney who granted more time during the covid crisis of 2020 for the initiative proponents to complete their recall petition.