On July 13, the Burlington, Vermont city council voted to ask voters in November 2020 if they want to return to using Ranked Choice Voting for Mayor, city council, and school board. In the past Burlington used ranked choice voting for its own elections, but stopped using it several years ago.
On July 9, the Ninth Circuit voted 2-1 to keep an Idaho injunctive in place. The U.S. District Court in Idaho had granted ballot access relief to an Idaho statewide initiative, due to the health crisis. The Ninth Circuit is also expediting the case. All the briefs are due this month. The argument will be August 10. Reclaim Idaho v Little, 20-35584.
The two judges who refused to grant a stay are Sidney M. Thomas, a Clinton appointee; and Mary M. Schroeder, a Carter appointee. The judge who would have stayed the U.S. District relief is Consuelo M. Callahan, a Bush Jr. apppointee.
On the evening of July 13, the Texas Republican Party decided to hold an electronic state convention, instead of an in-person convention. This only happened because the party lost its lawsuit in the Texas Supreme Court earlier on the same day. See this story.
On July 13, the U.S. Supreme Court revealed that it will hear Carney v Adams, 19-309, on Monday, October 5. This is the case over the Delaware law that says registered independents, and registered members of parties that are below 5% of the state total, can never be eligible to be appointed to most judicial posts, including the Delaware Supreme Court.
The Third Circuit and the U.S. District Court had both agreed that the law violates the U.S. Constitution. The state appealed, and the U.S. Supreme Court accepted the case, and was set to hear it argued on March 25. But then the health crisis began, and the Court postponed some of the oral arguments until October 2020, including this one.
This will be the first time the U.S. Supreme Court will have said something about independent voters and candidates, since 2005, when it heard an Oklahoma Libertarian case over whether the party had the right to insist on an open primary for itself. In that case, Beaver v Clingman, the party was told that it could not do that. The opinion was by Justice Clarence Thomas. But five justices wrote separately to say sympathetic things about the rights of minor party and independent voters.
On July 13, U.S. District Court Judge John A. Gibney, Jr., an Obama appointee, held an in-person trial in Libertarian Party of Virginia v Virginia State Board of Elections, e.d., 3:20cv-349. This is the case over ballot access during the health crisis for minor party and independent candidates. The judge promised a decision later this week.
It seems likely that the petition deadline for congressional candidates, which is normally in June, will be in August this year. It is also likely that the number of signatures will be reduced substantially, and possibly electronic signatures will be permitted.
