Socialist Equality Party Presidential Candidate Sues Michigan Over Ballot Access During Health Crisis

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.

California Legislature Passes Bill to Send Every Active Registered Voter a Postal Ballot

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.

Eighth Circuit Rules that U.S. District Court Judge Was Correct When She Put Arkansas Libertarian Party on Ballot Last Year

Last year, a U.S. District Court in Arkansas enjoined the new 3% petition requirement for newly-qualifying parties, and put the Arkansas Libertarian Party on the ballot for 2020. On June 18, the Eighth Circuit ruled that the U.S. District Court Judge was correct. Libertarian Party of Arkansas v Thurston, 19-2503.

The Eighth Circuit decision is here. It is written by Judge Michael Melloy, a Bush Jr. appointee; and is signed by Judges Ralph Erickson and Jonathan Kobes, Trump appointees. The opinion says that while is is conceivable that the 3% petition by itself could be held constitutional, in connection with the extremely early deadline, is is not constitutional. The deadline is an entire year before the election. The opinion applies strict scrutiny because the burden is severe.

Seventh Circuit Seems Disinclined to Undo the Illinois Ballot Access Order Affecting Minor Parties

As reported previously, on April 23, a U.S. District Court ordered Illinois to provide ballot access relief to minor party and independent candidates. On June 8, Illinois officials appealed that decision, and asked that their appeal be expedited. The Seventh Circuit did not explicitly deny that request for expedited hearing, but it did set a briefing schedule that implicitly denies it. The plaintiffs need not file their response until July 15.