Virginia Bill to Legalize Out-of-State Circulators Passes Legislature

On February 28, the Virginia legislature passed HB 214, which legalizes out-of-state circulators. The Senate originally defeated the measure on a tie vote, but then the same day reconsideration was granted and the Senate passed it 21-18. This is the first bill that improves ballot access to have passed in any state legislature so far this year.

Texas Democratic Party Files Federal Lawsuit to Restore Straight-Ticket Device

On March 5, the Texas Democratic Party filed a lawsuit to require the state to restore the straight-ticket device. The legislature had repealed it in 2018, effective 2020. Bruni v Hughs, s.d., 5:20cv-35. Here is the Complaint. The case is assigned to U.S. District Court Judge Marina Garcia Marmolejo, an Obama appointee.

The only precedent for this issue is from Michigan. After the legislature repealed the straight-ticket device, the Democratic Party sued to retain it. A U.S. District Court agreed with the Democratic Party, but the Sixth Circuit reversed, and said nothing in the U.S. Constitution requires a state to have a straight-ticket device.

Later, though, Michigan voters passed an initiative, which restored the straight-ticket device and made several other unrelated election law changes. Therefore Michigan still has a straight-ticket device, even though the courts said Michigan was free to abolish it if it wished to.