Republican National Committee Appropriates Ten Million More Dollars for Election Law Lawsuits

Posted on by February 21, 2020
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This Politico story says the Republican National Committee, and the Trump re-election campaign, have appropriated another $10,000,000 for legal fees in various lawsuits relating to election law. Thanks to several people for the link. Republicans are intervening in all of the Democratic Party lawsuits that challenge state laws that put Republican nominees on the top line, and they are intervening in many other election law lawsuits as well. The Republican Party is also filing amicus curiae briefs in the U.S. Supreme Court case over Delaware’s law that bans independents and minor party members from ever being appointed to judgeships.

New Mexico State Government Chooses Which Presidential Primary Candidates Will be on Democratic, Republican, and Libertarian Ballots

Posted on by February 21, 2020
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New Mexico law provides for a government committee to decide which presidential primary candidates should appear automatically on presidential primary ballots. The law says they should pick candidates who are “generally advocated and nationally recognized as candidates”. The committee consists of the Chief Justice of the State Supreme Court, the state chair of each party entitled to a primary, and if the party has legislators, the leaders of that party’s legislative delegation in each house. Candidates not chosen may still petition to get on the ballot, but the petition is very difficult.

On February 11, the committee made these choices for each of the three parties entitled to a primary: Democrats Michael Bennet, Joe Biden, Mike Bloomberg, Pete Buttigieg, Tulsi Gabbard, Amy Klobuchar, Deval Patrick, Bernie Sanders, Tom Steyer, Elizabeth Warren, and Andrew Yang.

For the Republican ballot, the committee only chose President Donald Trump.

For the Libertarian ballot, the committee chose 13 names: Max Abramson, Sorinne Ardeleanu, Ken Armstrong, Dan Behrman, Lincoln Chafee, Jacob Hornberger, Jo Jorgensen, Adam Kokesh, John Monds, James Ogle, Sam Robb, Arvin Vohra, and Mark Whitney.

William Weld is represented by a New Mexico attorney, and Weld’s attorney has objected to the rejection of Weld’s name. Thanks to Rick Lass for this news.

Pennsylvania Supreme Court Explains Why it Reinstated Independent Candidate to Ballot in November 2019 Philadelphia City Council Race

Posted on by February 21, 2020
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On February 19, the Pennsylvania Supreme Court issued an opinion in In re Nomination Papers of Sherrie Cohen, 31 EAP 2019. It explained why the court had put an independent candidate for Philadelphia city council back on the ballot for the November 2019 election. The court order putting the candidate back on the ballot was issued October 3, 2019, and at the time, the court said it would explain its reasoning later. It has now done so.

The independent candidate, Sherrie Cohen, had filed to run in the May 2019 Democratic primary, but then she changed her mind and withdrew from the Democratic primary. She then filed petitions to be on the November ballot as an independent. The law says that primary candidates who withdraw from the primary within 15 days after filing may withdraw automatically, but if they withdraw more than 15 days after filing, they must get permission from a judge to withdraw. Cohen did withdraw more than 15 days after filing, but she did get permission to withdraw.

The law says that candidates who withdraw are not prohibited from being an independent candidate in November. Yet the lower courts had still kept Cohen off the ballot as an independent in November, because the lower courts felt that because she withdrew later than 15 days after filing, she was a “sore loser”. But the Pennsylvania Supreme Court explains that she isn’t a “sore loser”.

Eleventh Circuit Denies Republican Request to Vacate a Favorable Ruling for Florida Voters Whose Ballot is Rejected for Signature Mismatch

Posted on by February 21, 2020
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On February 19, the Eleventh Circuit issued a nine-page opinion in Democratic Executive Committee of Florida v National Republican Senatorial Committee, 18-14758. It ruled against the Republican Committee.

The issue was procedural. The case had been filed in 2018 against a Florida law that said if a provisional ballot is rejected because the signature on the outer envelope of the ballot doesn’t appear to resemble the signature on that voter’s registration form, the ballot should be invalidated. The voter had no means to contest the ruling invalidating the ballot. The U.S. District Court had enjoined that law, and said the voter must be given a chance to show the signature is his or hers. That was appealed in late 2018, but the Eleventh Circuit refused to disturb the injunction.

In 2019, the legislature passed a bill fixing the problem, and all sides agreed that the case became moot. But the Republican group wanted the earlier Eleventh Circuit decision erased (“vacated”). But the new ruling says the court will not erase the earlier ruling. The three judges in the new ruling are Adalberto Jordan, an Obama appointee; and two Trump appointees, Kevin Newsom and Britt Grant.