Michigan Will Keep Mark Sanford’s Name on the Republican Presidential Primary Unless he Sends in a Withdrawal Letter

Mark Sanford withdrew from the Republican presidential race on November 13.  Prior to that, the Michigan Secretary of State had determined that he is mentioned in news media and so had listed him on the 2020 Republican presidential primary ballot.

Even though the Michigan Secretary of State’s office is aware that Sanford withdrew, the state will not remove his name from the ballot unless he specifically asks the state to remove him by December 13.  As of November 21, he has not bothered to communicate with the Michigan Secretary of State’s office about that.  Sometimes presidential candidates who withdraw early in the process don’t exert the energy to contact states and ask them to remove their name.

Sanford’s name is not on the presidential primary ballot of any other state.

North Carolina State Court Enjoins December 20 Deadline for U.S. House Primary Candidates

The North Carolina statutory deadline for candidates to file for the March 2020 primary is December 20, 2019.  But on November 20, a state court enjoined that deadline, but only for U.S. House candidates.  The court did not set a new deadlline.

The order affects five parties, all of which are nominating by primary in 2020:  Republican, Democratic, Libertarian, Constitution, and Green.  In 2020, the latter two parties are having their first primaries in history in this state.

The state court will hear arguments on December 2 on whether the new U.S. House districts are constitutional.  If the court invalidates the districts, so that new districts must be drawn up quickly, there will be further orders about the deadline and perhaps the primary date itself.  The case is Harper v Lewis, Wake Co. Superior Court, 19 CVS 012667.  Here is the order.  Thanks to Rick Hasen for the link.

Thirty-Nine Democratic New York Legislators Ask Commission on Public Financing to Avoid Changes to Other Election Laws

On November 20, thirty-nine Democratic state legislators from New York sent a letter to the Commission on Public Funding.  The letter asks the Commission to only recommend changes to the campaign finance laws.

The Commission has recently shown interest in making it more difficult for groups to qualify as political parties, which was not their mandate.  The Commission’s recommendations will become law unless the legislature re-convenes in December 2019 and vetoes them.

Uniform State Laws Commission Asks U.S. Supreme Court to Hear Presidential Electors Case and Rule that Tenth Circuit was Wrong

On November 20, the National Conference of Commissioners on Uniform State Laws filed this amicus brief in Colorado Department of State v Baca, asking the U.S. Supreme Court to hear the case and reverse the Tenth Circuit.

The Uniform State Laws has been working since 2010 to persuade states to pass laws to fire presidential electors who don’t vote for the presidential candidate who received the most popular votes in their own state.

Two Law Professors File their own Amicus Briefs in Colorado Presidential Elector Case

Two law professors have each filed an amicus brief in Colorado Department of State v Baca.

Here is the amicus of Law Professor Robert M. Hardaway, who says the Tenth Circuit decision is wrong.

Here is the amicus of Law Professor Michael T. Morley, who says the U.S. Supreme Court should summarily rule that the Tenth Circuit opinion is void because it had procedural flaws.  That would leave the issue of disobedient electors unresolved.