On March 31, Eric Esshaki, a Republican candidate for U.S. House in Michigan, filed a federal lawsuit arguing that because of the health crisis, he cannot collect the needed 1,000 signatures to get on the August primary ballot. Esshaki v Whitman, e.d., 2:20cv-10831. Primary petitions in Michigan are due April 21. The case is assigned to U.S. District Court Judge Terrence G. Berg, an Obama appointee. Thanks to Thomas Jones for this news.
On March 28, Connecticut Secretary of State Denise Merrill, a Democrat, asked the Governor to suspend the need for petitions for the general election, for parties that are already ballot-qualified for at least one statewide office. Connecticut is unique in that qualified status is office-by-office. Parties that polled 1% for a particular office in the last election are on the ballot automatically, but just for that one office.
The Secretary of State’s recommendation would allow the Working Families, Independent, Green, and Libertarian Parties to be on the ballot for all partisan office, instead of just the offices for which they polled 1% in the last election. Here is the letter.
The Eleventh Circuit will hear Cowen v Raffensperger, 19-14065, on Tuesday, May 19. This is the case filed by the Libertarian Party of Georgia in 2017, challenging the petition requirement for minor party and independent candidates for U.S. House. The U.S. District Court had upheld them, even though no one has successfully completed this petition since 1964, and no minor party has ever done so. The 5% petition was passed in 1943.
This case should not be confused with the lawsuit filed this year, to ease petitioning for 2020 for all office, due to the health crisis.
On March 31, the Eleventh Circuit refused to rehear Jones v DeSantis, 19-14551. Back on February 19, the Eleventh Circuit had agreed with a U.S. District Court that Florida cannot prevent ex-felons from registering to vote, if they cannot afford to pay restitution, court costs, or fines.
Alabama had organized an amicus brief from nine other states, urging the Eleventh Circuit to rehear the case. Besides Alabama, the other states were Arizona, Arkansas, Georgia, Kentucky, Louisiana, Nebraska, South Carolina, Texas, and Utah.
Now Florida will be required to set up some procedure for ex-felons to show that they cannot afford to pay. One million individuals are affected by this court decision. So far the court order only applies to the particular individuals who filed the lawsuit, but a trial next month will probably expand the ruling to every potential individual. Thanks to Rick Hasen for this news.
On March 24, Utah Governor Gary Herbert signed HB 70, which repeals the straight-ticket device.
Now the only states that have the device are Alabama, Indiana, Kentucky, Michigan, Oklahoma, and South Carolina.
Utah HB 70 is the first bill in the nation that has been signed into law in 2020, that helps minor party and independent candidates.
