On December 2, a state trial court in Austin, Texas, enjoined the new Texas requirement that candidates who seek the nomination of a party that nominates by convention must pay a filing fee. Dikeman v Hughs, 11th jud. district, 2019-76841. The decision depends partly on the Texas State Constitution.
This New York Daily News story has the latest on the public reaction to the December 1 report issued by the New York Commission on public funding.
The article quotes Governor Andrew Cuomo as saying that the other two states with disaggregated fusion, Connecticut and South Carolina, require parties to meet a test to remain on the ballot “every year.” Even if he meant every election year, he is still wrong. A qualified party in South Carolina remains on the ballot as long as it runs at least one nominee for some partisan office every four years. And in Connecticut, qualified status is office-by-office. When a party polls 1% or more for an office that is only up every four years (such as Governor), then that qualified status last four years, not two years.
On December 2, the Georgia Republican Party said Donald Trump is the only presidential candidate who will be on its presidential primary ballot. The state law lets the party decide. The party specifically said it had considered listing Bill Weld, Rocky De La Fuente, and Joe Walsh, but it had decided not to include them.
De La Fuente is already suing over the Georgia presidential primary system, and this decision merely guarantees that he has standing.
It is peculiar that the Georgia Republican Party made this decision, given that Florida has a virtually identical law, and the Florida Republican Party put all four Republicans on its ballot.
The independent candidates who are challenging North Carolina laws on ballot access have appealed to the Fourth Circuit. The U.S. District Court had upheld the law last month, even upholding the early March petition deadline for independent presidential candidates, which is clearly unconstitutional under Anderson v Celebrezze. In the Fourth Circuit, the case is Buscemi v Ball, 19-2355.
On December 2, a state court said the new U.S. House district boundaries, passed by the legislature in November 2019, will be used for the 2020 election. Harper v Lewis, Wake County Superior Court. Persons associated with the Democratic Party had hoped to persuade the state court to draw different district boundaries. They felt the November 2019 plan, although better than the previous plan, still was an unconstitutional partisan gerrymander. The North Carolina state courts had previously ruled that partisan gerrymanders violate the state constitution. But the court seemed to feel there isn’t time for more line-drawing. The primary is in March 2020. Thanks to Rick Hasen for this news.
