Sixth Circuit Upholds Ohio Law on Composition of State Elections Commission

On February 10, the Sixth Circuit upheld the Ohio law that says the membership of the Ohio Elections Commission shall consist of three members from each of the two largest parties in the state, plus an independent member. Libertarian Party of Ohio v Wilhem, 20-3585. Here is the 12-page decision.

The decision is not too surprising. For almost fifty years, courts have been upholding laws that confine the membership on election administration boards to people representing each of the two largest parties.

Arizona Libertarian Party Sues Maricopa County Over Denial of Access to Audit of Vote-Counting Equipment

On February 9, the Maricopa County Libertarian Party sued Maricopa County election officials over their refusal to permit political parties to have observers at the forensic audit of election equipment that began earlier this month. The county invited many organizations to watch, including the League of Women Voters, but it did not invite representatives of any political party. Arizona election law generally recognizes the right of political parties to send observers to any such activities. Maricopa County Libertarian Party v Maricopa County, Superior Court, cv2021-2205.

New York Assembly Passes Bill That Lowers Independent Petitions for District Office for 2021 Only

On February 9, the New York Assembly passed A4686. It lowers the number of signatures for independent candidate petitions, for district office, for 2021 only. The bill cuts the requirements in half. The bill does not affect the statewide petition requirement of 45,000, although there are no scheduled statewide offices up in 2021 anyway. The chief impact of the bill is for Supreme Court elections (which are district elections in New York state), and local office.

The vote was 144-4. The four “no” votes were cast by three Republicans (Christopher Friend, Karl Brabenec, and David DiPietro) and one Democrat (Charles Barron). Thanks to Joe Burns for this news.