Level the Playing Field expects to ask the U.S. Supreme Court to hear its presidential debates case, Level the Playing Field v Federal Election Commission. There is no expectation that the case will move quickly enough to affect the 2020 presidential election.
On June 30, the Alaska Division of Elections filed this brief in Alaska Libertarian Party v Fenumiai, 3:20cv-127. This is the lawsuit over ballot access relief for minor party presidential petitions, due to the health emergency. The state’s brief says that several independent candidates for the legislature (all of whom needed fewer than 100 signatures) managed to petition this year. Presidential petitions require 3,212 signatures.
On Jyly 1, the Idaho Governor Brad Little filed notice of appeal in Reclaim Idaho v Little, 20-35584. This is the case in which the U.S. District Court had ordered a 48-day extension for the deadline for statewide initiatives in Idaho.
On July 1, the Colorado Supreme Court ruled that the Governor’s Executive Order, allowing electronic signatures for initiatives, violates the State Constitution. Ritchie v Polis, 2020 CO 69. Here is the decision.
On July 1, all the full-time judges of the Eleventh Circuit agreed to hear Jones v Governor of Florida, 20-12003, even though the case so far has only been decided by a U.S. District Court Judge. It is very rare for the judges of any Circuit to hear a case en banc before a 3-judge panel has heard it. Jones v Governor is the case over whether ex-felons who owe court costs, restitution, fines, or other fees can register to vote. The U.S. District Court Judge had ruled that ex-felons who cannot afford to pay may still register to vote.
There are twelve full-time Eleventh Circuit judges. Six of them are Trump appointees, and one other, William Pryor, is a Bush Jr. appointee. The judges also voted on July 1 to stay the order of the U.S. District Court Judge in this case. That suggests that the en banc panel will not rule favorably for the ex-felons. The case will be heard the week of August 10-14. This case could easily end up in the U.S. Supreme Court before the election. Thanks to Rick Hasen for the news.
