Eleventh Circuit Sets Oral Argument for Georgia Libertarian Ballot Access Case

Posted on by March 31, 2020
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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.

Eleventh Circuit Denies Florida Government’s Request for a Rehearing En Banc in Ex-Felon Voting Rights Case

Posted on by March 31, 2020
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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.

North Carolina Eleventh District, U.S. House, Likely to be Vacant Until November 2020 or January 2021

Posted on by March 30, 2020
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On March 30, U.S. House member Mark Meadows resigned his seat in the North Carolina 11th district. Probably his seat will now remain vacant until either November 2020 or January 2021. There might be a special election in November 2020 to fill the seat for the two-month period until January 2021.

Theoretically a special election could be called earlier, but the state is not likely to do that, because the law would also require primaries, and possibly even a run-off primary, and all that is expensive.

South Dakota Legislature Considering a Bill to Move Primary from June 2 to July 28

Posted on by March 30, 2020
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According to this story, South Dakota legislators are considering a bill to let the Governor move the primary (for president and all other partisan office) from June 2 to July 28.

The presidential primary would not be very useful if it were on July 28, because by then the Democratic national convention would have already been held, although the Republican national convention is not until August 24-27.