U.S. District Court in Georgia Wants the Catoosa Republican Party Lawsuit on Excluding Candidates from Primaries to Include the Secretary of State

On December 16, the U.S. District Court in the Catoosa County (Georgia) Republican Party case ordered that the Secretary of State be brought into the lawsuit. This is the lawsuit filed by a county Republican Party, alleging that the party has the right to exclude candidates from the party’s primary if the party believes the candidates are not in sympathy with the goals of the party.

This is a sign that the judge is taking the case seriously. The order says that in effect, the Catoosa County Republican Party is asking that a Georgia election law be declared unconstitutional, so it makes sense to have the state itself in the case. Here is the order.

Texas Secretary of State Files Brief in Defense of Open Primary Law

On December 17, Jane Nelson, Texas Secretary of State, filed this brief in Hunt v State of Texas, n.d., 2:25cv-200. This is the case in which the Texas Republican Party is challenging the open primary and demanding a closed primary for itself.

The Attorney General supports the lawsuit and has been trying to persuade the court to approve a consent decree, in which the state would agree with the Republican Party. In response, the Secretary of State hired her own attorneys, who argue that a consent decree can’t approved when the state’s chief election officer opposes that maneuver.

Eighth Circuit Refuses a Stay in the Arkansas Initiative Lawsuit

On December 12, the Eighth Circuit refused to stay the U.S. District Court’s injunction against many new Arkansas laws that make it difficult to get initiatives on the ballot. League of Women Voters v Jester, 25-3389. The Eighth Circuit order is unsigned, so at this time it isn’t possible for the public to know which judges in the Eighth Circuit are assigned to the case.

Ranked Choice Bill in U.S. Senate Now Has a Bill Number

The current bill in the U.S. Senate to require states to use ranked choice voting for congressional elections now has a bill number, S.3425. It has two sponsors, Peter Welch of Vermont and Andy Kim of New Jersey.

This is the first time a U.S. Senate bill on this subject has had more than a single sponsor. In the previous congress, the bill, known as S.5048, only had Welch as a sponsor.

Texas Judicial Candidate Wins Ballot Access Lawsuit

On December 18, a Texas trial court ordered the Republican Party to list David Rogers on its primary ballot. He is running for State Supreme Court, place 8. Texas elects its State Supreme Court justices in partisan elections.

Statewide judicial candidates in primaries need 50 signatures from each of the fifteen state court of appeals districts. The party had originally denied Rogers a place on the ballot because one of the petition sheets had a blank for the circulator to print her name, but she accidentally filled in that blank with the county name instead. But Texas precedent is clear that such minor problems do not invalidate petitions, if the petition was signed by the necessary number of validly registered voters. Rogers v Hooper, Travis County, 98th judicial district court, D-1-GN-25-10912.

Rogers is running in the primary against an incumbent, Brett Busby. UPDATE: in a further legal development, David Rogers is off the ballot.