California Secretary of State Will End Appeal in Ninth Circuit in Tax Returns-Ballot Lawsuit

On November 21, California Secretary of State Alex Padilla said he will drop his pending appeal in the Ninth Circuit over whether the new California law on tax returns and presidential candidates is constitutional.  Because the law violates the State Constitution, according to the California Supreme Court’s November 21 ruling, it is a moot point as to whether the law also violates the U.S. Constitution.  UPDATE:  the Secretary of State here asks that his appeal be dismissed, but he also wants the Ninth Circuit to erase the U.S. District Court order.

Last month a U.S. District Court had ruled that the law violates the U.S. Constitution.   Even if the state could persuade the Ninth Circuit to reverse the U.S. District Court, the law still couldn’t go into effect because of the state constitution.

Eleventh Circuit Expedites Georgia Ballot Access Case

On November 19, the Eleventh Circuit agreed to expedite the Georgia ballot access case.  The Libertarian Party has already filed its main brief.  The state’s brief is due December 13, 2019, and the party’s reply brief is due on December 27.  The court hasn’t decided yet whether to hold oral argument.  The Libertarian Party says no oral argument is needed.

The case, Cowen v Raffensperger, 19-14065, challenges the petition requirement for U.S. House, 5% of the number of registered voters.  The law was passed in 1943 and no minor party has ever used it.  No independent has used it since 1964.  The evidence shows that at least twenty candidates have tried.

U.S. District Court Sets Hearing on Whether Florida Must Change Ballot Order of Candidates for 2020 Election

As already noted, on November 15, a U.S. District Court ruled that Florida’s law on the order of candidates on general election partisan ballots is unconstitutional.  The state has asked the Court to stay its decision while it appeals to the Eleventh Circuit.  The U.S. District Court will hold a hearing on the state’s request on Monday, November 25, at 3 p.m.