U.S. District Court Grants Relief to Initiative Proponents in Arkansas

On May 25, U.S. District Court Judge Paul K. Holmes issued an opinion in Miller v Thurston, w.d., 5:20cv-5070, a case over petitions for initiatives in Arkansas. The opinion suspends the law that requires all initiative petitions to include a signature of the petitioner who asked voters to sign the petition. In other words, the signer becomes his or her own circulator. This enables the group that is sponsoring the initiative to electronically distribute the petition to voters willing to sign it. They can print the petition blank from their own home printer. The order also suspends the law that says the petition sheets must be notarized.

The opinion is 25 pages. It upholds the July 3 deadline for the petition to be submitted. The lawsuit had been filed by a group that supports an initiative for a nonpartisan redistricting commission. The order applies to all initiatives, not just that initiative.

South Dakota Legislature Repeals Some Restrictions on Initiative Circulators

On March 25, South Dakota Governor Kristi Noem signed SB 180. It repeals a law that said initiative circulators must register with the Secretary of State, and the registry would be public information. The circulator’s address, phone numbers, e-mail addresses, and whether the circulator is a registered sex offender, would all be contained in the registry.

This law was declared unconstitutional early this year in SD Voice v Noem, 1:19cv-1017.

Ohio Initiative Proponents file Request for Rehearing En Banc in Sixth Circuit Over Petitioning

On the afternoon of May 26, Ohio initiative proponents filed a petition for rehearing en banc in the Sixth Circuit in Thompson v Devine, 20-3526. It is impressive that they were able to file such a document, only hours after the original Sixth Circuit decision came down. The issue is the ability of people to qualify an initiative during the health crisis. UPDATE: Here is the rehearing request.

U.S. Supreme Court Puts Arizona Libertarian Ballot Access Case on its June 11 Conference

The U.S. Supreme Court will consider whether to hear Arizona Libertarian Party v Hobbs, 19-757, at its Thursday, June 11 conference. This is the ballot access case. The Arizona law is not only repressive, it is discriminatory. It made it impossible for the Arizona Libertarian Party to place any candidates for Congress or partisan state office on the ballot in both 2016 and 2018. Yet the same law exempted the Green Party from those same stringent requirements, and Greens had easy procedures in 2016 and 2018 (although the Green Party went off the ballot in Arizona in November 2018).

The U.S. Supreme Court has not accepted any ballot access case filed by a minor party or an independent candidate since 1991. It would be very significant if it accepts this one. The Court has already shown some interest in the case, because it asked the state to respond to the Libertarian cert petition.