New York State Court Hears Arguments in Whether Legislature Can Delegate Ballot Access Law Changes to a Commission

On December 12, a state supreme court judge in Niagara County heard arguments in Hurley v Public Campaign Financing & Election Commission, and Jastrzemski v Public Campaign Financing & Election Commission. These are the two similar lawsuits that argue the New York legislature cannot delegate to a commission the power to revise the ballot access laws. The Hurley case was filed by the Working Families Party and is case E169547-2019. The Jastrzemski case was filed by the Conservative Party and is E169561-2019.

Here is a news story about the hearing. Thanks to Jim Riley for the link. UPDATE: also see this Buffalo News story.

U.S. District Court Rules that Constitution Requires American Samoans to have Birthright Citizenship

On December 12, U.S. District Court Judge Clark Waddoups, a Bush Jr. appointee, ruled that persons born in American Samoa cannot be deprived of birthright citizenship. Here is the 69-page opinion in Fitisemanu v USA, 1:18cv-36. The case is in Utah because the plaintiffs live in Utah. This is the first time a court had ruled this way in a case on this issue. Thanks to Thomas Jones for this news.

New York Prohibits Name Changes for Parties

On December 12, New York Governor Andrew Cuomo signed A2047/S5974. The bills had passed the legislature on June 20. They make it legally impossible for a qualified party to change its name. Previously, newly-qualifying parties were permitted to change their names, and the law was silent about whether old parties could change their names. Here is the text. Thanks to Joe Burns for this news.

Link to Audio of Eighth Circuit Argument in Arkansas Ballot Access Case

One may listen to the oral argument in Libertarian Party of Arkansas v Thurston at this link. It lasted 41 minutes. First the state argued for 19 minutes, then the Libertarian Party argued for 21 minutes. Finally there was a two-minute rebuttal by the state. Most of the discussion concerned the petition deadline, September of the year before the election.

In the U.S. District Court, where the petition was enjoined, the state presented an expert witness who said it would cost $55,000 to complete the 3% petition. In the Eighth Circuit oral argument, the state said a petition that costs $55,000 to complete is not “severe.”