Georgia Bill to Alter Special Elections for U.S. Senate Stalls

Posted on by February 3, 2020
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On January 30, the Georgia House Rules Committee sent HB 757 back to the Governmental Affairs Committee for revision. This is the bill that changes special elections for U.S. Senate that are simultaneous with a regularly-scheduled election. Current law says all special elections are non-partisan (although party labels are on the ballot). Parties don’t have nominees.

HB 757 would change that for certain U.S. Senate special elections, so that parties would have nominees and a partisan primary in advance of the general election. The Rules Committee sent it back because it was not happy with details of the bill. The bill may be amended to include special legislative elections also, or it might die. The bill was thought to be motivated by a desire to injure U.S. Senator Kelly Loeffler, who was appointed last year and who must run in a special election this year. She is a moderate Republican and conservatives in the legislature favor someone else.

Republican National Committee Files Amicus Brief in Support of Delaware Law on Who Can Become a State Court Judge

Posted on by February 3, 2020
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The Republican National Committee has filed this amicus curiae brief in Carney v Adams, 19-309. This is the case over the Delaware Constitution, which says in Article IV, section 3, “Three of the five Justices of the Supreme Court in office at the same time, shall be of one major political party, and two of such Justices shall be of the other major party.”

The Republican brief seems to feel uncomfortable about excluding independents from being considered for a judicial post, because it says the state constitutional could be interpreted to allow an independent appointment. The brief also says the state interest in the restriction is that it “fosters diversity”, an Orwellian statement.

U.S. Senate Bill to Abolish Presidential Election Public Funding

Posted on by February 3, 2020
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U.S. Senator Joni Ernst (R-Iowa) has introduced S3225 to abolish public funding for presidential candidates. There are two kinds of public funding for presidential candidates, primary season matching funds, and general election funding.

Minor party and independent candidates have become the main beneficiaries of this program for the last twenty years. Pat Buchanan could never have got on the ballot in 49 states in November 2000 as the Reform Party nominee, without the $16 million funding from the general election fund.

Ralph Nader in 2000, and Jill Stein in both 2012 and 2016, benefited from the primary season matching funds to help them with ballot access. Gary Johnson for the Libertarians also received primary season matching funds in 2012. The Natural Law Party nominee, John Hagelin, received them in 1996 and 2000. Lenora Fulani received them in 1988 and 1992, and she could never have got on the ballot in all 50 states in 1988 without the money.

Chicago Petitioners Sue City Over Restrictions in Millenium Park, Chicago’s Leading Tourist Attraction

Posted on by February 1, 2020
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Millenium Park is Chicago’s best-attended tourist attraction. It opened in 2004 and is known for its outdoor art, venues for concerts, and for having the world’s largest roof-top garden. Last year, some petitioners sued Chicago over the city’s severe restrictions on petitioning in the park. Swart v City of Chicago, n.d., 1:19cv-6213.

The case is assigned to U.S. District Court Judge John Blakey, an Obama appointee.