A hearing was held in Miller v Hughs, w.d., 1:19cv-700, on October 31. This is the lawsuit over various Texas ballot access laws that injure minor parties and independent candidates. Although the lawsuit will be lengthy and covers many issues, there is likely to be a decision soon on whether to enjoin the new filing fees for convention parties. The 2019 legislature passed a bill that, for the first time, requires candidates of parties that nominate by convention to pay the same filing fees that primary candidates pay. That issue needs to be settled fast, because the fees or petitions in lieu of the fee are due very soon.
On November 1, the Maine Libertarian Party filed a lawsuit in federal court against the law that requires a new party to qualify by January of the election year. The lawsuit also challenges the state policy of erasing all of a party’s registered members when the party goes off the ballot. The case number is not yet assigned, but the case is Baines v Dunlap.
In 2016, when the deadline for a new party to qualify was in December of the year before the election, a U.S. District Court enjoined that deadline. In response, the legislature then moved the deadline only one month. New parties qualify by persuading at least 5,000 voters to register into the party.
On November 1, the Democratic National Committee and the state Democratic Parties of Georgia, Arizona, and Texas filed lawsuits against the law that determines order of candidates on the ballot. In all three states, the Republican nominee is listed first for 2020 because Republicans won the Governorship in the last election. See this story. Thanks to Rick Hasen for the link.
The Democratic Party is currently suing Florida over the same issue, and a decision could be released by a U.S. District Court at any time.
New Statesman has now published the second installment of political scientist Corbin Duncan’s analysis of primaries. This episode presents evidence that political parties choose better nominees in the absence of primaries. He discusses the United States and also the United Kingdom.
Here is a link to Duncan’s article from last week.
The Georgia Libertarian Party’s ballot access lawsuit is now in the Eleventh Circuit. Cowen v Raffensperger, 19-14065. The issue is the state law that governs access to the ballot for minor party and independent candidates for U.S. House. On October 23, the party asked the Eleventh Circuit to expedite the case, so that if the case wins, the party can have candidates for U.S. House in 2020.
The state opposes the motion on the grounds that it is switching attorneys and that the upcoming holiday season makes it difficult for work to get done. On October 31, the party responded that the state’s reasons are not important enough to delay the case.