U.S. District Court Strikes Down Montana Law that Controls the Names of Political Action Committees

On August 12, U.S. District Court Judge Dana L. Christensen, an Obama appointee, struck down a Montana campaign finance law that controls the names of Political Action Committees. Doctors for a Healthy Montana v Fox, 9:20cv-46. The law says the name of the PAC must bear a name that tells the “economic or special interest” of a majority of donors to the PAC. The opinion says the law violates the First Amendment. It also points out that over time, the identity of the donors to that PAC might vary, and thus the law forces it to repeatedly change its name. Thanks to the Institute for Free Speech for the link.

Judge Christensen is also the judge who is handling the lawsuit over whether the Green Party should be on the ballot this year.

New California Registration Tally

On August 13, the California Secretary of State released a new registration tally, the first since February 2020. Here is a link.

The percentages are: Democratic 46.32%; Republican 23.99%; American Independent 2.86%; Libertarian .847%; Peace & Freedom .463%; Green .38%; independent and other 24.61%; unknown .53%.

At the February 2020 tally, the percentages were: Democratic 45.31%; Republican 23.90%; American Independent 2.90%; Libertarian .849%; Peace & Freedom .461%; Green .40%; independent and other 25.66%; unknown .51%.

Common Sense Party registration in the new tally is 10,725; in February 2020 it had been 10,859. Constitution is 222; it had been 232.

Only now can the exact number of registrations to qualify a new party for the presidential election be known. It is 68,672.

U.S. Supreme Court Finally Hands Republican Party a Defeat in an Election Law Lawsuit

On August 13, the U.S. Supreme Court voted 6-3 not to stay a decision of lower federal courts in Rhode Island that let the Secretary of State waive the requirement that a voter who needs an absentee ballot must notarize his or her application. Republican National Committee v Common Cause Rhode Island, 20A28.

This is the first time this year that the Republican Party has asked the U.S. Supreme Court to take an action relating to election laws and the health crisis, in which the Court has refused the party’s request.

The three dissenting justices are Samuel Alito, Clarence Thomas, and Neil Gorsuch. Here is the Election Law Blog story.

Nine Groups Used the Arkansas Presidential Petition This Year

The only ballot-qualified parties in Arkansas are the Republican, Democratic and Libertarian Parties. Unqualified parties can be on for president if they submit 1,000 signatures; also independent candidates for president need 1,000 signatures. These are two different types of petition. The presidential party petition doesn’t need the name of the candidate, and thus can be circulated before the group has chosen its nominee.

The groups or candidates who used one of the presidential procedures are: Alliance, American Solidarity, Constitution, Green, Life & Liberty, Prohibition, Socialism & Liberation, Brock Pierce, and Kanye West.

Michigan Files Sixth Circuit Brief in Case Over Number of Signatures for Statewide Independent Candidates

On August 12, Michigan filed this opening brief in Graveline v Benson, 20-1337, the case over the number of signatures for statewide independent candidates. This is not a case that involves the health crisis. It is the latest round in the case that began in 2018, when independent candidate Chris Graveline filed a lawsuit against the law requiring him to obtain 30,000 signatures to run for Attorney General. He won the case in the U.S. District Court, and now the state is trying to get it reversed.