On May 26, the U.S. Supreme Court refused to hear Schmidt v LaRose, 19-974. This issue is whether local election-administration officials can reject an initiative, even though it has enough valid signatures, because they don’t believe the initiative would be legal or constitutional if the voters passed it. The case arose in Ohio. The initiative concerned marijuana law. The U.S. District Court had ruled partially in favor of the initiative proponents, but the Sixth Circuit had reversed and ruled in favor of the local government.
Law Professor Rick Hasen has this article, “Direct Democracy Denied”, about the legal struggle to keep the initiative process alive during the health crisis. Hasen is author of the Election Law Blog.
On March 30, Alabama Governor Kay Ivey signed HB 272. For 2020 only, it extends the independent presidential petition deadline from August 13 to August 20.
It also gives qualified parties more time to certify the names of their presidential and vice-presidential nominees. The new deadline for that is August 27, which happens to be the last day of the Republican presidential convention. The old date was August 19, so if the bill had not passed, the Republican Party would have had to certify its nominees before they were officially nominated.
On May 20, the Florida Democrats who sued over the order of candidates on the general election ballot asked the Eleventh Circuit to rehear their case. The original panel had ruled 2-1 that the plaintiffs lacked standing, and also that they had sued the wrong defendants. Jacobson v Lee, 19-14552.
The lawsuit was filed in 2018 against the Florida law that says nominees of the party that won the last gubernatorial election should be listed first on the ballot. The U.S. District Court had held a lengthy trial and had then struck down the law. But the state had appealed, and the Eleventh Circuit reversed on procedural grounds. Here is the request for a rehearing before all the full-time judges of the Eleventh Circuit.
On May 23, U.S. District Court Judge Matthew F. Kennelly denied reconsideration in Gonzales v Madigan, n.d., 1:16cv-7915. The request had been pending since September 20, 2019. The case was filed in 2016 by an Illinois Democratic primary candidate, Jason Gonzales, against his primary opponent, Illinois House Speaker Michael Madigan. Gonzales had charged that Madigan had found a “sham” candidate with a Hispanic surname to enter their primary, so as to split the vote of Democratic primary voters who might want to vote for anyone with a Hispanic name. The district is majority-Hispanic.
The lawsuit was based on a Seventh Circuit opinion from 1973, Smith v Cherry, 489 F.2d 1098, which said that recruiting a sham candidate can be a violation of the U.S. Constitution. The Gonzales case is now so old, it will be interesting to see if Gonzales appeals.