U.S. Supreme Court Sets Conference Date for Election Law Cases from California and Washington

Posted on by November 27, 2019
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The U.S. Supreme Court conference of December 13, 2019, will consider whether to hear De La Fuente v Padilla, and Chiafalo v State.  The De La Fuente lawsuit, 19-524, challenges the California independent presidential petition requirement of almost 200,000 signatures to be collected in 105 days.  The Chiafalo lawsuit, 19-465, is whether the Constitution permits the state to fine presidential electors $1,000 if they vote for someone other than the candidate who got the most popular votes in that state.

The Court won’t release information about its decisions until Monday, December 16, at the earliest.

Rocky De La Fuente Sues Michigan for Excluding Him from Republican Presidential Primary

Posted on by November 27, 2019
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On November 26, Rocky De La Fuente sued Michigan for excluding him from the Republican presidential primary ballot.  Gonzalez v Benson, e.d., 2:19cv-13515.  Here is the Complaint.

Michigan law says the Secretary of State shall list presidential candidates who are mentioned in the media.  The Complaint charges that the Secretary of State failed to notice that De La Fuente is discussed in Spanish-language media, and although that he is mentioned on the internet.  The case is assigned to U.S. District Court Judge Denise Page Hood, a Clinton appointee.

Ohio Loses Case on Absentee Voting by Persons Arrested Shortly Before Election Day

Posted on by November 26, 2019
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On November 6, U.S. District Court Judge Michael H. Watson issued an opinion in Mays v LaRose, s.d., 2:18cv-1376.  He said that Ohio must give the same absentee ballot deadline to persons imprisoned (but not yet convicted), that it gives to persons who are confined to a hospital.  See this story.

Persons confined to a hospital have until 3 p.m. on election day to file for an absentee ballot, but others must do so by the Saturday before the election.  In November 2018 the lawsuit was filed on behalf of persons who are unexpectedly arrested after the absentee ballot deadline.  They argued that if the state can have a later deadline for people who unexpectedly end up in the hospital shortly before the election, the state should give prisoners the same treatment.  The judge agreed and also certified the case as a class action.  The state is appealing to the Sixth Circuit.  In the Sixth Circuit, the case is 19-4112.

Four Republicans Will be on Florida Republican Presidential Primary Ballot

Posted on by November 27, 2019
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On November 26, the Florida Republican Party put four presidential candidates on its presidential primary ballot:  President Trump, Bill Weld, Rocky De La Fuente, and Joe Walsh.

No one can be on that ballot without the state party’s permission.  The other two states with that rule are Georgia and Minnesota.  So far the Minnesota Republican Party has not put anyone on except President Trump.