Eleventh Circuit Oral Argument Set in Libertarian Alabama Case Over List of Registered Voters

Posted on by May 12, 2021
1

The Eleventh Circuit will hear Libertarian Party of Alabama v Merrill, 20-13356, the week of August 23. This is the case over Alabama’s policy of giving a free list of the registered voters to the qualified parties, but charging approximately $36,000 for any other party.

In 1970 the U.S. Supreme Court summarily affirmed a 3-judge U.S. District Court decision that said if a state gives the list free to the qualified parties, it must give it to unqualified parties that are trying to get on the ballot. Nevertheless, the U.S. District Court in Alabama ruled in favor of the state, saying the state has an interest in gathering revenue.

U.S. House Republicans Remove Liz Cheney from Leadership in a Voice Vote

Posted on by May 12, 2021
30

On May 12, Republican members of the U.S. House voted to remove Liz Cheney from her leadership position. The vote was by voice, so there is no record of how each member voted, or what the tally was. This action probably will result in increased support for a split from the Republican Party, to the advantage of groups trying to form a new centrist party. See this New York Times story, which was published before the Cheney vote.

South Dakota Supreme Court Says Referendum Can’t be Used to Block Measure Increasing Vote for Initiatives to 60%

Posted on by May 11, 2021
1

Earlier this year, the South Dakota legislature passed a proposed constitutional amendment, saying that some types of initiative can’t pass unless they receive at least 60% of the popular vote. The idea will be on the June 2022 ballot for voters to approve or disapprove.

On May 5, the South Dakota Supreme Court ruled that opponents of the idea cannot use the referendum procedure to stop or delay the measure. Dakotans for Health v Barnett, 2021 SD 30. Here is the seven-page opinion.