South Carolina Democratic Party Wins Lawsuit to Stop Requiring Voters to Disclose Complete Social Security Number

Last year the South Carolina Democratic Party filed a federal lawsuit against the law that requires voter registration applicants to disclose their full Social Security number. On January 16, the state agreed to settle the lawsuit, and require only the last four digits. The case was South Carolina Democratic Party v Andino, 3:19cv-3308. Here is the Democratic Party’s dismissal of the case.

Now the only two states that require the full social security number are Virginia and Tennessee. Normally the 1974 federal Privacy Act would prevent states from requiring the full SSN. However the three states mentioned in this blog post had been requiring the full SSN since before the 1974 federal act took effect, so they were exempt from the federal law.

Democratic Party Files Brief in Florida Case on Order of Candidates on the Ballot

On January 21, the Democratic Party filed this brief in Jacobson v Lee, 19-14552, the case over the law on order of candidates on the general election ballot. The U.S. District Court had struck down the law, and the state is appealing. The law says the party that won the most recent gubernatorial election will have its nominees listed first.

Vox Article Predicts that U.S. Supreme Court is Likely to Uphold Presidential Elector Freedom

Ian Millhiser has written this article for Vox. It seems to predict that the U.S. Supreme Court will rule that presidential electors are free to vote for any qualified candidate when they cast a vote in December in the electoral college. Millhiser thinks this would make the electoral college system worse.

He does not acknowledge the point that if the Court does uphold presidential elector freedom, that will make it easier for a constitutional amendment to pass that changes the electoral college system. Even supporters of the electoral college, such as Tara Ross, would like to see an amendment that eliminates the actual presidential electors, and instead creates an automatic tally of electoral votes for the candidate who won that state’s popular vote. Supporters of the electoral college would also like to guarantee that each state must use a popular vote. Currently the Constitution allows states to let state legislators choose the electors.

U.S. District Court Strikes Down Kentucky Deadline for Independent and Minor Party Candidates to File Declaration of Candidacy

On January 22, U.S. District Court William O. Bertelsman, a Carter appointee, struck down a Kentucky ballot access law. Sweeney v Crigler, e.d., 2:19cv-46. The law, passed last year, requires independent candidates, and the nominees of parties that nominate by convention, to file a declaration of candidacy in January of the election year. The law only applies to candidates for state and local partisan office, not federal office.

The Libertarian Party filed the lawsuit, arguing that minor parties are not able to recruit candidates so early in the election year. The judge agreed. Here is the 16-page decision.

This decision will be useful in other pending lawsuits against early deadlines for minor party and independent candidates. Such cases are pending in Arkansas, Iowa, Maine, Montana, North Carolina, and Texas.