Nevada Decision on Electronic Signatures for Initiatives Will be Issued Week of May 24-30

U.S. District Court Judge Miranda Du says she will rule in Fair Maps Nevada v Cegavske, 3:20cv-271, sometime during the week of May 24-30. The oral argument was May 21. See this story. The issue is whether Nevada statewide initiatives can use electronic signatures, and whether the June petition deadline should be extended.

U.S. District Court Sets Hearing in New Jersey Case Over Out-of-State Circulators for Primary Petitions

On May 22, U.S. District Court Judge Peter G. Sheridan issued an order in Wilmoth v Guadagno, a New Jersey case over the state’s ban on out-of-state circulators for primary petitions. New Jersey no longer limits out-of-state circulators for general election petitions. The state says the ban on out-of-state circulators for primary petitions is to protect the associational rights of political parties.

Judge Sheridan had upheld the law on March 24, 2017, but on April 19, 2018, the Third Circuit had remanded the case back to him, and said that he must apply strict scrutiny. On May 22, 2020, Judge Sheridan said a hearing is needed to develop facts. It will be July 22, 23, and 27.

This is one of the oldest ballot access cases in the nation. It was filed in early 2016.

Ohio Government Appeals Decision that Allowed Electronic Signatures for Initiatives

On May 22, U.S. District Court Judge Edmund Sargus refused to stay his earlier opinion that said Ohio must allow electronic signatures for statewide initiative petitions, and must dispense with the witness requirement for each petition sheet. The relief only extended to the groups that brought the lawsuit.

The same day, Ohio appealed to the Sixth Circuit, where it is Thompson v DeWine, 20-3526.

U.S. District Court Strikes Down Florida Law that Requires Ex-Felons to Pay Court Fees and Costs

On Sunday, May 24, U.S. District Court Robert Hinkle struck down the Florida law that requires ex-felons to pay court fees and costs before they can register to vote. The order says court fees and costs are taxes, and poll taxes are unconstitutional.

In addition, the order strikes down the requirement that ex-felons pay fines and restitution, if they are unable to pay such fines and restitution. But if they are able to pay their fines and/or restitution, then they must do so.

The decision is 125 pages. Jones v DeSantis, n.d., 4:19cv-300.