Fourth Circuit Will Hear Maryland Ballot Access Case on January 9

Posted on by December 18, 2019
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The Fourth Circuit will hear Johnston v Lamone, 19-1783, on Thursday, January 9, 2020. This is the case on whether it is constitutional for Maryland to force the Libertarian Party to submit 10,000 signatures in order to get back on the ballot, even though the party has approximately 22,000 registered members. The party argues that the petition is meaningless because it is obvious that there are at least 10,000 voters who want the party on the ballot; otherwise they wouldn’t remain registered members. The U.S. District Court had upheld the law.

U.S. District Court Refuses to Enjoin Arizona Law that Makes it More Difficult for Initiatives to Get on Ballot

Posted on by December 18, 2019
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On December 16, U.S. District Court Judge Susan Bolton, a Clinton appointee, refused to block a 2014 Arizona law that makes it more difficult for statewide initiatives to get on the ballot. The law says that after an initiative is submitted, if anyone challenges the sufficiency of that petition, any paid circulator or any out-of-state circulator who worked on the petition must appear in court to answer questions about their work. If they do not appear, then all the signatures they collected are deemed invalid.

The case against the law is still alive, but while the case continues, the law will be in effect. Here is the decision in Miracle v Hobbs, 2:19cv-4694. The restriction does not apply to petitions for candidates or new parties.

U.S. Supreme Court Asks Seattle to Respond to Lawsuit that Attacks Campaign Finance Vouchers

Posted on by December 18, 2019
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On December 10, the U.S. Supreme Court asked the city of Seattle to file a response brief in Elster v City of Seattle, 19-608. This is the case that says the First Amendment is violated by the city’s campaign voucher law. That law gives every Seattle voter campaign finance vouchers. The voter is free to give his or her voucher to any candidate (for city office). Then that candidate may submit the voucher to the city and in return receive money for the campaign.

The plaintiffs argue that the First Amendment does not permit a government to spend money in this fashion, because it means a city taxpayer is being forced to subsidize campaign speech that the taxpayer may not agree with.

Here is the amicus curiae of the Goldwater Institute, filed on December 12. It argues in favor of Elster and against the city.

Minnesota Supreme Court Expedites Presidential Primary Ballot Access Case

Posted on by December 17, 2019
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On December 17, the Minnesota Supreme Court expedited the lawsuit De La Fuente v Simon, A19-1994. This is Rocky De La Fuente’s challenge to the Minnesota presidential primary ballot access law, which says that no candidate can get on a presidential primary unless that party approves of the person.

The Court ordered the Secretary of State to respond by December 31. If the Republican Party, or perhaps the Democratic-Farmer-Labor Party, wishes to express anything, they are invited to submit amicus briefs, also by December 31. The oral argument will be January 9, 2020, at 10 a.m.

The Minnesota Supreme Court has an excellent record on ballot access. In 2004 it unanimously invalidated a law that kept qualified parties from having any nominees on the general election ballot unless they had a high turnout in their primary. Also in 2004 it unanimously put a candidate for congress on the primary ballot, even though he was a fugitive living in Italy. But he met the constitutional qualifications to be a member of Congress, so because he had paid his filing fee, he could not be kept off the ballot.

West Virginia Legislator Changes Registration from Republican to Independent

Posted on by December 17, 2019
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On December 17, West Virginia Delegate S. Marshall Wilson announced that he has changed his registration from Republican to independent. He was first elected to the legislature in 2016. In 2018 he was re-elected with no general election opponent. He did not say if he will run for re-election in 2020.

No one who was not a Democratic or Republican nominee has been elected to the West Virginia legislature since 1906, when a Prohibition Party nominee was elected. Thanks to Jeff Becker for the news about Wilson. Thanks to the commenters who pointed out that the legislature had another independent a few years ago, although, like Wilson, he wasn’t elected as an independent.