Fourth Circuit Upholds South Carolina’s Statewide Selection of Presidential Electors, But Judge James Wynn Dissents

On July 21, the Fourth Circuit issued an opinion in Baten v McMaster, 19-1297. This is one of the cases challenging a state’s practice of electing all its presidential electors at-large. Other such cases had recently been filed in Texas, California, and Massachusetts. None of them ever received support from any judge, until this decision came out. Judge James A. Wynn dissented, and wrote a lengthy dissent explaining why the case should have won. Here is the 65-page decision. The dissent begins on page 29. Judge Wynn argues that the precedents on this issue do not control this case.

Judge Wynn is an Obama appointee from North Carolina. He had previously written a Fourth Circuit opinion striking down North Carolina’s districts as an unconstitutional partisan gerrymander, but the U.S. Supreme Court had reversed.

Republican Party Shrinks its National Convention to Just One Day, in Charlotte on August 24

On July 23, President Donald Trump announced that the Republican Party has cancelled the second half of its national convention, which was to have been in Jacksonville August 25-27. The only national convention will be the meeting of August 24 in Charlotte, North Carolina. Only six delegates from each state and territory will conduct the business on August 24.

This is the first time that a major party presidential convention has been limited to only one day since 1864, when both major parties held one-day conventions.

New York State Files Brief in Opposition to Ballot Access Relief for U.S. House & State Senate Elections

On July 23, New York Governor Andrew Cuomo filed this brief in opposition to giving ballot access relief for independent candidates for U.S. House and State Senate. Eisen v Cuomo, s.d., 7:20cv-5121. The state only mentions one of the precedents that granted minor party and independent candidates relief, the Illinois case. It does not mention similar decisions in Georgia, Maryland, or Virginia. The brief mostly asserts that it is safe to petition nowadays in New York state.

The case has a hearing on Monday, July 27.