Montana Green Party Asks Ninth Circuit to Hear its Ballot Access Appeal

On April 15, the Montana Green Party filed notice of appeal to the Ninth Circuit in Montana Green Party v Stapleton.  This is the 2018 case the party filed against the unequal distribution requirement for petitions to put parties on the ballot.  The unequal distribution requirement was upheld by the U.S. District Court last month, even though the U.S. Supreme Court had twice said unequal distribution requirements on statewide petitions violate “one person, one vote” and the Fourteenth Amendment.

The unequal distribution requirement was responsible for the party’s failing to get on the ballot in 2018.

Since then, the party has filed a new petition to get on the 2020 ballot, and the Secretary of State has said the 2020 petition is valid and complies with the distribution requirement.

U.S. Supreme Court Won’t Hear Delaware Case that Bars Independents from Judicial Office Until October 2020

On October 13, the U.S. Supreme Court said that it won’t hear Carney v Adams, 19-309, until October 2020 at the earliest.  This is the case over the Delaware law that says most judicial offices can only be filled by people who are registered in a political party that has at least 5% of the state registration.

This case would have been argued on March 25, 2020, but then the Court postponed it and various other cases.  Later the court picked out ten particular cases that had been postponed and said it will hear them in May 2020.  But Carney v Adams was not one of those cases.

On April 15, the Court set oral arguments for the ten special cases.  Among them are the two cases over President Trump’s tax returns, and the two cases involving presidential electors.  The tax returns cases will be argued Tuesday, May 12.  The presidential elector cases will be argued Wednesday, May 13.

Sixth Circuit Agrees with U.S. District Court that Michigan’s Nonpartisan Redistricting Commission is Constitutional

On April 15, the Sixth Circuit issued an opinion in Daunt v Benson, 19-2377.  It agrees with the U.S. District Court that Michigan’s nonpartisan redistricting commission is constitutional.  Here is the opinion.

The Republican Party of Michigan had challenged the process by which members of the commission are chosen.  Thanks to Rick Hasen for this news.