South Carolina State Court Hears Oral Argument in Case Over Republican Presidential Primary Cancellation

On October 18, a South Carolina state circuit court heard oral arguments in the lawsuit over the Republican presidential primary. The Republican Party state executive committee had cancelled their 2020 presidential primary, but then some Republican voters sued. State party rules say only the state convention can decide whether to cancel a presidential primary. See this story. Thanks to FrontloadingHQ for this news. A decision is expected in a few weeks.

The case is Inglis v South Carolina Republican Party, Richland Co., 2019-cp-4005486.

Texas Files Brief in Defense of Its Filing Fee Policy for Convention Party Candidates

On October 18, the Texas Secretary of State filed this brief in Miller v Hughs, the ballot access case filed earlier this year by several minor parties. This brief concerns the Secretary of State’s new rules on filing fees for individuals who want to seek the nomination of a party that nominates by convention (the Libertarian Party and the Green Party currently, plus any new party that could conceivably qualify next year). Thanks to Jim Riley for the news about the brief and Oliver Hall for the link.

U.S. District Court Says Florida Ex-Felons Must be Given a Chance to Show that they Cannot Afford to Pay Outstanding Fines

On October 18, U.S. District Court Judge Robert Hinkle issued a 55-page ruling in Jones v DeSantis, n.d., 4:19cv-300. This is a case filed in June 2019 over the confusing new Florida state constitutional provision that says ex-felons may register to vote if they have “completed all terms of sentencing.” The legislature this year passed HB 7066, which says “all terms of sentencing” means ex-felons must have paid all fines, orders for restitution, court fees, and civil liens.

The plaintiffs are ten ex-felons who cannot afford to pay these various amounts, but who would still like to register to vote. The order says that individuals who cannot afford to pay any of these amounts cannot be denied the right to register. It orders the state to create a procedure by which individuals can apply to register based on their own evidence that they cannot afford the amounts. The ten particular plaintiffs will also now be allowed to register.