Missouri Representative Dan Stacey (R-Blue Springs) introduced HB 26 on December 1, 2020. It would change Missouri primaries from open to closed. Representative Stacey has introduced a similar bill before, but his previous bills didn’t pass. Thanks to Ken Bush for this news.
On December 7, the U.S. Supreme Court refused to take up the case Kelly v Commonwealth of Pennsylvania, 20A98. Justice Samuel Alito had referred the case to the entire court, which then rejected it without noted dissent from any justice.
On December 4, U.S. District Court Judge Charles Lovell upheld Montana’s law that bans out-of-state circulators for initiative petitions. He also upheld the Montana law that bans paying initiative circulators on a per-signature basis. Pierce v Stapleton, 6:18cv-63. Here is the 33-page opinion, which fails to mention most of the precedents striking down such laws. The judge said there isn’t enough evidence in this case to justify striking down either law. He wrote, “Plaintiffs have not demonstrated that there are not enough Montana residents to serve as circulators or that Montana residents are inferior communicators.”
Judge Lovell is a Reagan appointee, and is age 91.
The Minnesota Secretary of State has not filed any response in De La Fuente v Simon, 20-612. This is Rocky De La Fuente’s challenge to the Minnesota presidential primary law that says the party has complete control over which presidential candidates may get on its ballot. In 2020, President Trump was the only name on the Minnesota presidential primary ballot, because that was what the Minnesota Republican Party wanted.
The state’s response was due December 7, but nothing was filed. It is not unusual for states to fail to respond to cert petitions, although generally the state at least tells the U.S. Supreme Court that it won’t be responding. Minnesota didn’t even do that.
If the U.S. Supreme Court is interested in this case, it will ask Minnesota to respond.
On December 8, Pennsylvania’s Governor and Department of State filed this response in Kelly v Commonwealth of Pennsylvania, 20A98. This is the case in which a Republican Pennsylvania Congressmember asks the U.S. Supreme Court to stop certification of Pennsylvania’s election returns.
