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

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

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

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.

Rocky De La Fuente Sues Republican National Committee and President Trump Over Presidential Primary Ballot Access Exclusion

On December 16, Rocky De La Fuente sued the Republican National Committee, President Donald Trump, and all the state Republican Parties that are not allowing a competitive process for selecting delegates to the national convention. De La Fuente v Trump, U.S. District Court, District of Columbia, 1:19cv-3753. The case has not yet been assigned to a judge. Here is the 18-page Complaint.

The Complaint reveals that many state Republican Parties charged a very large fee to get on the ballot, but did not charge President Trump any fee. The Complaint also reveals that the Republican National Committee and President Trump’s campaign committee are sharing office space, staff, funding, and operational resources. The Complaint says this has never before happened at this stage in the process, at least for one of the two major parties.

Law Professor Edward Foley Says U.S. Needs Ranked Choice Voting in Presidential General Elections

Law Professor Edward Foley, one of the earliest law professors to become an expert on election law, has this column, which says the U.S. needs ranked choice voting in presidential general elections. He is about to publish a book “Presidential Elections and Majority Rule” that will be of interest when it comes out. Thanks to Jack Dean for the link. The article’s title is not a very good title.