Tyler Kistner, the Republican nominee for Minnesota’s U.S. House seat, second district, is being allowed to intervene in the lawsuit filed by his Democratic opponent over whether the election for that seat should be delayed until February 9, 2021. Kistner supports the state law that says the election must be postponed. His brief is due Friday, October 2. Craig v Simon, 0:20cv-2066.
Georgia held a special election for U.S. House, 5th district, on September 29. Here are the results. Because it is a special election, parties did not have nominees. There were five Democrats, one Libertarian, and one independent.
On September 30, the Fifth Circuit stayed the opinion of the U.S. District Court in Texas Alliance for Retired Americans v Hughs, 20-40643. The U.S. District Court had ordered Texas to use the straight-ticket device for the 2020 election, but the Fifth Circuit stayed that order. Therefore, the 2017 bill abolishing the device (starting in 2020) will be the policy. Thanks to Jim Riley for this news. Here is the eight-page order.
On September 24, the Democratic Party asked for a rehearing en banc in the Eleventh Circuit in Jacobson v Lee, 19-14552. This is the lawsuit over the Florida law on the order of candidates on general election ballots. The three-judge panel of the Eleventh Circuit in this case ruled 2-1 that ballot order lawsuits cannot be filed in federal courts, because they are “political”. This was an absurd conclusion that has no support in the previous fifty years of federal litigation over ballot order.
The Florida law says the all the nominees of the party that won the last gubernatorial election will be listed first on the ballot.
U.S. District Court Judge Wilhelmina Wright will hear Craig v Simon, 0:20cv-2066, on Wednesday, October 7, at 9 a.m. This is the case over whether Minnesota’s law, requiring a postponement of a congressional election until February 2021, violates the 1872 federal law that tells states to hold congressional elections in November of even-numbered years. The state law says if the nominee of a major party dies within 79 days of the general election, the election must be postponed. The Democratic nominee is suing the state to have her election in November.
