New Hampshire Bill to Withhold Presidential Election Results Until After the Electoral College Meets

Seven New Hampshire Republican representatives have introduced HB 1531. It makes it illegal for any election official, or any contractor with any election administration office, to release the New Hampshire popular vote totals for president, until after the electoral college has met. Instead the state would only release the percentage of the vote received by each presidential candidate, down to one-tenth of 1%.

The purpose of this bill is to make it impossible for the National Popular Vote compact to operate, should it ever take effect. The bill only takes effect if the National Popular Vote compact is in effect.

The authors of this bill may not realize that a federal law requires states to report the presidential popular vote to the Archivist of the United States as soon as the state knows the results. Title 3, chapter 1 of the U.S. Code (3 USC 6) says, “It shall be the duty of the executive of each State, as soon as practicable after the conclusion of the appointment of the electors in such State by the final ascertainment…to communicate by registered mail under the seal of the State to the Archivist of the United States a certificate of such ascertainment of the electors appointed, setting forth the names of such electors and the canvass or other ascertainment under the laws of such State of the number of votes given or cast for each person for whose appointment any and all votes have been given or cast.”

The sponsors are Representatives Andrew Prout, Jess Edwards, Michael Costable, Kevin Verville, Alice Lekas, Tony Lekas, and Peter Torosian.

Brennan Center Issues a Report, Rebutting the Claim That Public Funding Law Means Ballot Access Must be Restricted

The Brennan Center for Justice has released this 8-page analysis, rebutting the claims of New York Governor Andrew Cuomo that if New York installs public funding for candidates for state office, it needs to toughen ballot access to save money.

Also, the Campaign Finance Institute, which supports public funding, also studied the same issue. Its 39-page report comes to the same conclusion, that there is no need to make ballot access more difficult. The Campaign Finance Institute argues that the ballot access provisions can be severed from the public funding provisions, even though the new law plainly says that if any part of the new law is void, the entire law is void. Thanks to Scott Muller for both links.

Sixth Circuit Sets Oral Argument Date for Michigan Republican Lawsuit Against Nonpartisan Redistricting Commission

The Sixth Circuit will hear Daunt v Benson, 19-2377, on Tuesday, March 17. This is the case in which the Republican Party is trying to invalidate the Michigan Redistricting Commission passed by the voters in 2018. The U.S. District Court had ruled against the Republican Party and had upheld the new commission. Thanks to Thomas Jones for this news.

U.S. Supreme Court Accepts Both Presidential Elector Cases

On January 17, the U.S. Supreme Court accepted both the Colorado and Washington cases on whether presidential electors may vote for any qualified candidate when they vote in the electoral college, or whether they must vote for the person who got the most popular votes in their state. Thanks to Rick Hasen for this news. The two cases are Colorado Department of State v Baca, 19-518; and Chiafalo v Washington, 19-465. The court will allow an hour of argument, in contrast to the usual 30 minutes.