News Story Describes Massachusetts Supreme Judicial Court Hearing on Ballot Access

On April 16, the Massachusetts Supreme Judicial Court heard oral arguments in Goldstein v Galvin, SJ-2020-150, the case in which some primary candidates ask for easier methods to get on the September 1 primary ballot.

Here is an article describing the hearing.  The Secretary of State supports easing the requirements for congress by 50%, but he does not favor easing the requirements for legislature.  He supports moving the deadline for state office petitions from April 28 to May 5 (the congressional primary petitions are due May 5).

The plaintiffs favor a cut for all petitions to one-third of the existing requirement, and a later deadline, and use of electronic signatures.

The Court is aware that a proposal similar to the Secretary of State’s recommendations passed the State Senate on April 16, and they expressed a wish that the House would pass it quickly, but there is no guarantee, and there is very little time.  The bill is S2632.  All it does is cut the number of signatures for U.S. Senate from 10,000 to 5,000; the number of signatures for U.S. House from 2,000 to 1,000; and the number of signatures for Governor’s Council from 1,000 signatures to 500 signatures.  It only applies to 2020, not future years.

Virginia Court Decision that Lowered Number of Signatures for Primary is Now in Print

As reported previously, on March 25, a state trial court lowered the Virginia requirement that statewide primary candidates need 10,000 signatures.  Faulkner for Virginia v Virginia State Board of Elections, city of Richmond circuit court CL20001456-00.

The decision is now explained.  See this story in Virginia Lawyers Weekly, which has the entire text of the court order.

Maine Supporters of Ranked Choice Voting File a Lawsuit to Preserve Ranked Choice Voting for President

On April 15, supporters of Maine’s ranked choice voting filed a lawsuit in state court, arguing that the Republican Party’s petition to stop using ranked choice voting for president is invalid.  The lawsuit depends on a technical point.  When the legislature passes a law, Maine allows a petition to freeze the new law, and the Republican Party has been circulating such a petition.

The lawsuit says the petition can’t have any legal effect, even if it gets enough signatures, because the procedure only applies to laws that have not yet gone into effect.  The lawsuit argues the ranked choice procedure for president is already in effect.  The effective date is complicated because the Governor allowed the measure (which passed the legislature last year) to go into effect without her signature, and the effective date in such cases is complicated.  See this story.  Thanks to Fairvote for the link.

Richard Brodsky, New York Attorney Who Won Lawsuit Against Restrictive Ballot Access Rules in March 2020, Dies

Richard Brodsky died on April 8, 2020.  See this New York Times obituary.  He was 63.  He was the attorney for the Working Families Party who won the lawsuit Hurley v Public Campaign Finance & Election Commission on March 12, 2020.  That lawsuit invalidated the 2019 restrictions on ballot access for small political parties.

That court win was effectively canceled on April 1, 2020, when Governor Cuomo put the same restrictions into the state budget, which passed the legislature that day and was also signed into law that day.