Last year, the Commission on Presidential Debates set the deadlines for three general election presidential debates, and one vice-presidential debate. Now President Trump’s campaign wants four presidential debates, and wants the first debate to be earlier than September 29. See this story. The Biden campaign does not want any change.
On June 18, the Seventh Circuit issued an opinion in Gill v Scholz, 19-1125. This is the case against the 5% Illinois petition for U.S. House, for independent candidates and the nominees of unqualified parties. David M. Gill was an independent candidate for U.S. House in 2016. He showed at his trial that no one had complied with the 5% petition in Illinois, for U.S. House, since 1974 (except in instances when a candidate submitted a petition that was not challenged). U.S. District Court Judge Sue Myerscough issued injunctive relief, putting him on the ballot.
But fifteen days later, the Seventh Circuit removed him from the ballot, without writing any explanation. The following year, the case was still in U.S. District Court for a decision about the constitutionality of the 5% petition for U.S. House. It was thought likely Judge Myerscough would hold the law unconstitutional. However, while the case was pending, the case was assigned to another U.S. District Court Judge, who upheld the 5% petition. Gill then appealed to the Seventh Circuit, which has now said that the decision upholding the requirement was flawed with factual and logical errors.
Now the case has been sent back to U.S. District Court, which will write a new opinion. Because the evidence is so strong that the petition requirement is very difficult, it is likely the law will now be held unconstitutional.
The June 18th decision is written by Judge Michael B. Brennan, and signed by Judges Michael Scudder and Amy J. St. Eve. All three are Trump appointees.
Georgia and Illinois require more signatures for U.S. House, for the nominees of unqualified parties and for independent candidates, than any other states. The month of June 2020 has now seen U.S. Courts of Appeals in both states issue favorable procedural rulings against these 5% petition laws.
The Aloha Aina, a new qualified party in Hawaii, has fourteen candidates on its own primary ballot for legislature, and one for U.S. House. See this press release.
Here is the party’s website. Thanks to Dave Gillespie for this news.
On June 18, Joseph Kishore, the Socialist Equality Party presidential nominee, filed a federal lawsuit for ballot access relief during the health crisis. He seeks to petition as an independent candidate. Even though the federal courts already declared the 30,000-signature requirement for statewide independent candidates unconstitutional last year, the state web page still says independent presidential candidates need 30,000 signatures, due July 16.
Here is the Complaint, which has interesting information about the plaintiff and also about his party.
Here is a news story about the lawsuit. Thanks to Thomas Jones for that link.
On June 18, the California legislature passed AB 880, which provides that every active registered voter will receive a postal ballot. This is not a big change for California, because already 75% of the registered voters receive a postal ballot. Some counties were already following that procedure, and in other counties, a large share of the voters had signed up to automatically receive a postal ballot. Thanks to Rick Hasen for this news. Assuming the Governor signs this bill, it will take effect immediately. UPDATE: the Governor signed the bill on June 18.
