Missouri Supreme Court Strikes Down Part of Law on Photo-ID at the Polls

On January 14, the Missouri Supreme Court issued a decision in Priorities USA v State of Missouri, SC97470. The case involved the state’s law on voters showing certain types of government photo-ID when they vote at the polls. The decision did not say the state can’t have a law requiring photo-ID. But it struck down the part of the law that says voters without the right kind of ID could vote provisionally, if they signed a statement saying that they don’t have proper ID. But the ballot wouldn’t count unless the voter returned later to show the correct kind of ID.

Here is the decision, which was 5-2. Thanks to Election Law Blog for the link.

Rocky De La Fuente Withdraws from Some Republican Presidential Primaries

Recently Rocky De La Fuente has withdrawn from the Republican presidential primaries in Alabama, Arkansas, Colorado, Missouri, and Utah. This is probably because he expects to petition as an independent, in those states if not as many states as possible, and he wants to avoid any “sore loser” restrictions. Thanks to Jim Riley for this information.

SAM Party Files Federal Lawsuit Against New York Requirement that Parties Poll 130,000 Votes for President

On January 14, the SAM Party of New York filed a lawsuit against the new law that removes parties from the ballot if they fail to poll at least 130,000 votes for President, or 2% of the presidential vote, whichever is greater. The new law went into effect last year even though the legislature did not pass any bill on this subject. It became law because the legislature empowered a new Commission to write new election laws. Here is the Complaint.

The case is SAM Party v Cuomo, s.d., 1:20cv-323. UDATE: it is assigned to Judge Lewis A. Kaplan, a Clinton appointee. It points out that the SAM Party does not desire to nominate anyone for president in 2020. It therefore seeks a ruling that requiring a party to run someone for president in order to retain qualified status violates the U.S. Constitution. The only other states that absolutely require parties to make a certain showing for president, to remain on the ballot, are Arkansas, Iowa, Kentucky, and Washington. Also Tennessee requires a showing for president in years when no U.S. Senate race is on the ballot. New Mexico law is ambiguous.

Most parties that are ballot-qualified in even a single state tend to want to run someone for president, so no lawsuit like this has ever before been filed.

The new law provides that if any part of it is held unconstitutional, then all of it is void. Thanks to Joe Burns for the news.

Florida Secretary of State Files Brief in Eleventh Circuit in Lawsuit Over Order of Candidates on the Ballot

On January 7, the Florida state government filed this brief in Jacobson v National Republican Senatorial Committee, 19-14552. This is the case over the order of candidates on the ballot. Current law puts the nominees of the party that won the last gubernatorial election on the top line.

The state’s brief mostly says the issue is not a fit topic for federal courts. The state says that because the U.S. Supreme Court ruled last year that partisan gerrymandering does not violate the U.S. Constitution, therefore lawsuits on the order of candidates on the ballot can never be considered.

The hearing is February 12.