Democratic Party Sues Three More States on Order of Candidates on Ballot

Posted on by November 1, 2019
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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 Carries Second Installment of Series on Whether Primaries are a Bad Idea

Posted on by November 1, 2019
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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.

Georgia Libertarian Party Asks that its Ballot Access Appeal be Expedited

Posted on by November 1, 2019
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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.

U.S. District Court Says Mississippi Almost Certainly Can’t Continue to Require Winners for State Statewide Office to Carry a Majority of State House Districts

Posted on by November 1, 2019
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On November 1, U.S. District Court Judge Daniel P. Jordan, a Bush Jr. appointee, issued a 15-page opinion that says it is virtually certain that Mississippi cannot continue to require that winners of statewide state elections not only receive the most votes, but must carry a majority of State House districts. Leslie-Burl McLemore v Hosemann, s.d., 3:19cv-383. However, the judge declined to enjoin the system. He wrote that it is not obvious how the system should be altered. Currently if someone gets the most popular votes, but doesn’t carry the most state house districts, the State House chooses the winner from among the two people who got the most popular votes.

Mississippi elects all its statewide state offices in the odd years before presidential election years. The Mississippi gubernatorial election is November 5, 2019, less than a week away. The provision has been in the State Constitution for over a century yet has never affected any gubernatorial election outcome. Theoretically, it might in the upcoming election. The case had been filed on May 30, 2019. Thanks to Rick Hasen for the link.

Pennsylvania Governor Signs Bill that Abolishes Straight-Ticket Device

Posted on by November 1, 2019
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On October 31, Pennsylvania Governor Tom Wolf signed SB 421, which eliminates the straight-ticket device and makes voting procedures easier. There are now only seven states with a straight-ticket device: Alabama, Indiana, Kentucky, Michigan, Oklahoma, South Carolina, and Utah.

SB 421 also establishes early voting in Pennsylvania, via postal mail. There are now only eight states that don’t permit voters to vote before election day (unless they can’t get to the polls on election day): Alabama, Connecticut, Kentucky, Mississippi, Missouri, New Hampshire, Rhode Island, and South Carolina.

SB 421 also allows mailed absentee ballots to arrive as late as election day. Formerly they had to arrive on the Friday before election day.

SB 421 eases the deadline for individuals to register to vote, from 30 days before an election, to 15 days.