U.S. District Court Judge Says It is Probably Unconstitutional for Maine to Convert All Party Registered Members to Independents When Party Goes Off the Ballot

On June 11, U.S. District Court Judge Lance E. Walker, a Trump appointee, issued an order in Baines v Dunlap, 1:19cv-509. This Libertarian Party lawsuit had been filed in late 2019, to try to oveturn these Maine laws: (1) the law that says when a party goes off the ballot, all its members are converted to independents, regardless of the wishes of such voters; (2) the January deadline for a new party to qualify; (3) the number of signatures needed to get a member of a small party on his or her own party’s primary ballot; (4) the method by which a new party qualifies, to obtain 5,000 registered members.

The order denies injunctive relief, and therefore the Libertarian Party failed to become ballot-qualified again. However, the order says it is probably unconstitutional for the state to convert party members to independents when a party goes off the ballot. The order suggests that if the party had filed this lawsuit early in 2019, it could probably have won an injunction restoring all the party’s registered members. But it points out that the party waited until December 2019 to file the lawsuit, and by now the members have been registered outside the party for over a year, and may have since joined other parties.

The order does not discuss the January deadline for new parties to qualify, and says very little about the other two issues in the case. The lawsuit will be adjudicated later in the year, but in the meantime the party is not on the ballot, and will need to circulate the independent presidential petition in order to be on the 2020 ballot for president. That petition requires 4,000 signatures, due July 25.

Other states that convert registered members of parties to independents when the party goes off the ballot are Nebraska, New Hampshire, North Carolina, Oklahoma, and Rhode Island. In Oklahoma, when a party goes off the ballot, although it loses its registrants, it can then immediately request the they be allowed to re-register into the party.

New York State Still Has No Procedures for Independent Candidates to Get on Ballot in 2020

As already noted, on April 1, the New York legislature passed a bill raising the number of signatures for statewide independent candidates, and the nominees of unqualified parties, from 15,000 signatures to 45,000 signatures. That bill, part of the state budget, did not make any changes to the 2019 law that said the petitioning period runs from early April to late May.

Afterwards, though, Governor Andrew Cuomo issued an order saying the start date is not in effect. This had the effect of making it illegal for the independent petition to be circulating now. No one knows when he will issue a new order, setting a new start date and a new petition deadline. Also no one knows if he will order a reduction in the number of signatures.

American Academy of Arts & Sciences Recommends Ranked Choice Voting

On June 11, the Commission on the Practice of Democratic Citizenship, a unit of the American Academy of Arts and Sciences, released “Our Common Purpose”, which recommends various election law changes. Here is the 84-page report.

Recommendation 1.1 is to substantially enlarge the size of the U.S. House. Recommendation 1.2 is to implement ranked choice voting in presidential, congressional, and state elections.

Recommendation 1.3 is to repeal the 1967 federal law that requires states with more than one member of the U.S. House to have single-member districts.

Combining all three recommendations would enable the nation to use proportional representation, specially Multi-Winner Ranked-Choice Voting.

A larger U.S. House would also have the side benefit of making the electoral college work better than it does now. It would reduce the disproportionate power of very small-population states. Also in case the U.S. House were ever called on to choose a president, the results would be less subject to gerrymandered U.S. House districts. Thanks to Fairvote for the link.

Michigan State Court Grants Exemption to Law That Requires Initiatives to be Completed Within 180 Days

On June 10, the Michigan State Court of Claims granted ballot access relief to proponents of a statewide initiative. Fair & Equal Michigan v Benson, 20-000095. The decision sets aside the law that says statewide initiative petitions must be completed within 180 days. The decision does not extend the petition deadline, but it means the group can continue working on the petition so that if can be on the 2022 ballot if it obtains enough signatures. The court determined that for 69 days, it was virtually impossible to circulate the petition, so the 180 days is extended another 69 days. Thanks to Thomas Jones for this news.