Howie Hawkins Campaign Believes It Has Qualified for Primary Season Matching Funds

On July 9, the Howie Hawkins campaign determined that the campaign has raised enough small donations to qualify for primary season matching funds. To get the funds, a candidate seeking the presidential nomination of any party (recognized by the FEC or not) must raise at least $5,000 from each of 20 states.

No other presidential candidate in 2020 has been trying to achieve this goal. Generally major party presidential candidates no longer seek the funds, because it comes with restrictions about how much they can spend in each state.

Kyle Kopitke Files for Rehearing in Fourth Circuit Over North Carolina Independent Petition Deadline of March 3

On June 9, Kyle Kopitke, independent presidential candidate, filed this request for rehearing in Buscemi v Bell, 19-2355. The request for rehearing is confined to the issues involving independent presidential candidates. The Fourth Circuit on July 6, 2020 had upheld North Carolina’s independent presidential petition deadline of March 3, which utterly contradicts the U.S. Supreme Court decision Anderson v Celebrezze, 460 U.S. 780.

In Anderson v Celebrezze, Ohio’s independent presidential petition deadline of March 20 was unconstitutional, even though Ohio only required 5,000 signatures. North Carolina’s independent presidential petition deadline is not only earlier than Ohio’s was, the number of signatures is 70,666.

The Fourth Circuit’s recent opinion also contradicts a 1980 Fourth Circuit opinion, Anderson v Morris, 636 F.2d 55, which struck down Maryland’s March petition deadline. It also contradicts a 1980 U.S. District Court decision that struck down North Carolina’s April petition deadline. Greaves v North Carolina State Board of Elections, 508 F.Supp. 78.

U.S. District Court Cuts Georgia Petitions for Minor Party and Independent Candidates to 70% of Normal

On July 9, U.S. District Court Judge Eleanor L. Ross issued an order in Cooper v Raffensperger, n.d., 1:20cv-1312. It cuts the number of signatures needed by minor party and independent candidates for all offices to 70% of normal. She wrote that although petitioning in late March through mid-May was virtually impossible, the state reopened in mid-May. She derived the 70% figure by applying the amount of time that was lost. Georgia candidate petitions for the general election must be completed within the six months prior to the deadline.

The state had already moved the petition deadline to August 14, and that was another factor that persuaded her not to offer additional relief.

The presidential petition will now be 5,250 signatures. Here is the 24-page order.

Common Cause Sues to Overturn 2019 Indiana Law that Makes it Almost Impossible to Gain Longer Voting Hours in an Emergency

In 2019 the Indiana legislature passed a bill deleting the ability of voters to go to state court, to get an extension of the voting hours when an unforeseen emergency occurs. Indiana is one of only two states that closes the polls as early as 6 p.m. (the other is Kentucky). The new law said only a unanimous vote of the county election board could request an extension.

On July 8, Common Cause Indiana filed a federal lawsuit against the new law. Common Cause Indiana v Lawson, s.d., 1:20cv-1825. Here is the brief.