U.S. District Court Urges Alabama Secretary of State and Libertarian Party to Mediate Voter Registration List Lawsuit

On October 9, U.S. District Court Judge Emily C. Marks issued a four-page order in Libertarian Party of Alabama v Merrill, strongly urging both sides to talk to each other in hopes that the case can be mediated without the need for a judicial opinion. This is the case in which the Libertarian Party challenges the policy of the state that the qualified parties receive a free list of the registered voters, but unqualified parties must pay approximately $35,000 for the list.

The precedents are entirely on the side of the Libertarian Party, and in 1970 the U.S. Supreme Court summarily affirmed the decision of a 3-judge U.S. District Court in New York, that if a state gives a free list to the qualified parties, it must also give it free to unqualified parties that are trying to petition to get on the ballot. That case was Socialist Workers Party v Rockefeller.

U.S. Supreme Court Dockets the Colorado “Faithless Electors” Case

The U.S. Supreme Court has docketed Colorado Department of State v Baca, one of the two pending lawsuits over whether presidential electors are free to vote for anyone who meets the constitutional qualifications. It is case 19-518. The cert petition was filed by the state last week. The response of the Colorado Democratic presidential electors who filed the original case is due November 20, 2019. It is likely that the electors’ response will also urge the U.S. Supreme Court to hear the case. The Tenth Circuit had ruled against the state, and in favor of freedom for presidential electors. Thanks to Thomas Jones for the news about the docketing.

California Secretary of State Confirms that Three of the Six Qualified Parties Will Not Let Independent Voters Vote in Presidential Primary

On October 21, the California Secretary of State issued this press release, confirming that the Republican, Green, and Peace & Freedom Parties will not let independents vote in their 2020 primaries. The same three parties made the same decision in 2016.

The California Republican Party did let independents vote in its 2004 presidential primary, but in that primary, President George W. Bush was the only name on the Republican presidential primary ballot.