U.S. District Court Refuses Ballot Access Relief to North Dakota Initiative Proponents

On June 15, U.S. District Court Judge Peter Welte, a Trump appointee, denied ballot access relief to proponents of a North Dakota initiative. Sinner v Jaeger, 3:20cv-76. They had asked that electronic signatures be permitted, and that the requirement that each sheet should have a notarized signature from the circulator be waived for 2020. Obviously when electronic signatures are permitted, it makes no sense to require the “circulator” to say that he or she witnessed the signature. Here is the opinion. The opinion says that North Dakota was never under an order for most individuals to stay at home. Also it says the adherents could have started the petition drive sooner. They started in March 2020.

North Dakota law permits initiative proponents to gather signatures for a year, but the plaintiffs want to qualify their initiative by July 6 so that it will qualify in time for the November 2020 ballot. Part of the initiative would implement a nonpartisan redistricting commission, and if the voters don’t approve it in 2020, then even if it eventually becomes law, that part of it can’t be used until after the 2030 census.

Maine Republican Party Submits Petition to Force Another Vote on Ranked Choice Voting for President

The Maine Republican Party submitted a referendum petition on June 15. The purpose is to require yet another vote on whether Maine should use ranked choice voting. Voters have already voted in favor twice. The new petition has the effect of stopping the use of ranked choice voting for president in November 2020, assuming the petition is valid. See this story.

There is a possibility the timing of the referendum petition is too late. That is currently being litigated in a state trial court.

Appeal Filed in Florida Ballot Access Case

On June 16, the Independent Party, and the Party for Socialism and Liberation, filed an appeal in their Florida ballot access case. Independent Party of Florida v Lee, 20-12107. The two parties challenge the law that says even though they are qualified, they can’t run a presidential candidate unless they submit 132,781 valid signatures by July 15, or unless they are recognized by the Federal Election Commission as a national committee.

The U.S. District Court had refused injunctive relief.

Eighth Circuit Expedites Arkansas Initiative Ballot Access Case

The Eighth Circuit is expediting Miller v Thurston, 20-2095. This is the case over whether initiatives should get ballot access relief due to the health crisis. The U.S. District Court had allowed electronic signatures, and eliminated the need for notarization of each sheet. Also the ruling said sheets don’t need to be signed by a circulator. Miller v Thurston, 20-2095. The three briefs will all be submitted by June 25. Thanks to Rick Hasen for this news.