On November 18, both sides filed their final briefs in Pierce v Stapleton, 6:18cv-63. This is the case that challenges Montana’s ban on out-of-state circulators for initiative petitions, and the ban on paying signatures on a per-signature basis. A decision is likely fairly soon.
On November 27, a U.S. District Court in New Hampshire sent questions to the New Hampshire Supreme Court, in Casey v New Hampshire Secretary of State, 1:19cv-149. The case concerns a 2018 law that is not clear. It relates to who can register to vote in New Hampshire. It can be interpreted to mean that college students attending college in New Hampshire cannot register and vote in New Hampshire, if they have drivers licenses and car registrations in other states. Here is the rather long and complicated referral to the New Hampshire Supreme Court.
On November 27, attorneys for President Trump, and for voters who wanted to vote for him in the California presidential primary, filed this brief in the California cases on whether SB 27 violates the U.S. Constitution. Senate Bill 27 was the law that kept presidential primary candidates off the ballot if they didn’t reveal their tax returns.
Trump’s attorneys agree that the U.S. District Court ruling, enjoining the law on U.S. Constitution grounds, should be vacated because it is moot (because the law also violates the State Constitution, so no ruling is needed on the federal constitution). But they say they are prevailing parties and the Ninth Circuit should send the case back to the U.S. District Court for a ruling on whether they can receive attorneys fees. So far, Rocky De La Fuente’s attorney has not joined this request, although De La Fuente was also a plaintiff against the law.
According to this story, a new party, described as libertarian, is being formed for Israel’s upcoming election. It stands for separation of church and state, making it unique in that nation. The name of the party will be the New Liberal Party.
New York Governor Andrew Cuomo continues to defend his plan to make it more difficult for groups to be qualified parties in New York by saying that if the state is going to give public funding to candidates, all candidates and parties on the ballot must have substantial public support.
None of the New York news sources have mentioned that New York is in the Second Circuit, and in 2010 the Second Circuit ruled it is constitutional to give public funding only to nominees of parties that polled at least 20% of the vote in the last gubernatorial election. The case was Green Party of Connecticut v Garfield, 616 F.3d 213. Here is a November 29 news story from the Rochester Democrat & Chronicle, which shows that the Governor continues to say that all parties and candidates will receive public funding under his proposal. He also implies that parties themselves receive public funding, but that is not true.
