U.S. Supreme Court Speaks About Health Crisis for First Time, and Ohio Initiative Proponents Make Use of High Court Action

On Friday night, May 29, the U.S. Supreme Court issued an order in South Bay United Pentecostal Church, 19A1044. Read it here. By 5-4, it upholds California’s limits on church services for the time being. Chief Justice John Roberts sided with the court’s four liberal members. The California rules limit attendance at churches to 100 persons, or 25% of the building capacity, whichever is less.

On Saturday, May 30, Ohio initiative proponents filed a brief in Thompson v DeWine, 20-3526, discussing the U.S. Supreme Court action. Thompson v DeWine is the case over whether Ohio should give ballot access relief to initiatives. The U.S. District Court had ruled favorably to the initiative proponents, but the Sixth Circuit had reversed the U.S. District Court. The Ohio initiative proponents the same day filed a petition for rehearing en banc. The Saturday brief is intended to bolster the case on behalf of ballot access relief.

Georgia Secretary of State Files Brief Opposing Ballot Access Relief for 2020 Petitioning Candidates

On May 29, the Georgia Secretary of State filed this brief in Cooper v Raffensperger, n.d., 1:20cv-1312. It argues that the U.S. District Court should not give any relief from petitioning for independent candidates and the nominees of unqualified parties, notwithstanding the health crisis.

The state claims that Georgia’s petitioning period, seven months, is the longest in the nation. This is erroneous. A majority of states do not set a starting date for candidate petitions, and petitions to qualify a new party. Certain other states permit a year to gather the signatures.

Veteran Petitioner Describes Difficulties Working in Today’s Environment

An experienced professional petitioner recently attempted to petition for a minor party in Alaska. He reports that petitioning is much more difficult than in normal times. Wearing the mask creates problems. No one can see the petitioner’s smile. The petitioner’s voice is somewhat muffled, and in hot weather, wearing a mask is uncomfortable.

He was only able to obtain signatures at 40% of his normal rate in that location, which is in front of a grocery store.

U.S. District Court Extends Nevada Petition Deadline for Initiatives from June 24 to August 5

On May 29, U.S. District Court Judge Miranda Du, an Obama appointee, issued an order in Fair Maps Nevada v Cegavske, 3:20cv-271. She extended the petition deadline for initiatives from June 24 to August 5. Here is the Opinion. This should make it possible for the Green Party, which is not on the ballot in Nevada, to also win a deadline lawsuit. The Nevada deadline for new party petitions is June 5. If the state can have an initiative deadline in August, it ought to be able to also cope with an August deadline for petitions to create a new party. Thanks to Rick Hasen for the news about today’s decision.