Independent Candidate for Mayor of Indianapolis Files Final Brief in Ballot Access Case

On August 23, John Schmitz, an independent candidate for Mayor of Indianapolis, filed this reply brief in Schmitz v Marion County Board of Elections. The issue is whether he had enough valid signatures. That depends on whether signatures of registered voters should be counted if the voter had moved within the city, and showed his or her new residence address on the petition, whereas the registration record still lists the old address.

A decision is expected soon, due to the fact that the election is November 5, 2019.

Libertarian Party Appeals Bequest Case to U.S. Supreme Court

On August 21, the Libertarian Party asked the U.S. Supreme Court to hear its appeal against the federal campaign finance law that won’t let a deceased person’s estate distribute its bequest to the party, except by doling out the money in small pieces each year. Libertarian National Committee v Federal Election Commission, 19-234. Here is the cert petition. The U.S. Court of Appeals, D.C., Circuit, had upheld the federal rule.

Delaware is Appealing to U.S. Supreme Court to Save its Law Requiring State Judges to be Members of Two Largest Parties

Earlier this year, the Third Circuit struck down Delaware’s law, requiring most types of state judges to be members of one of the state’s two largest political parties. Delaware is in the process of asking the U.S. Supreme Court to reverse that decision. The state has won approval to delay its cert petition until September 4, 2019. The case is now called John C. Carney v James R. Adams, 19A57.

Illinois Speaker Michael Madigan Wins Lawsuit that Accused Him of Promoting Sham Candidates

On August 23, U.S. District Court Judge Matthew Kennelly dismissed the lawsuit Gonzales v Madigan, n.d., 1:16cv-7915. It had been filed in 2016 by one of Michael Madigan’s opponents in the Democratic primary. Madigan is a member of the Illinois House of Representatives. He has been speaker for 33 years and is also chair of the Illinois Democratic Party. His district has been tending toward being a majority-Hispanic district. In the 2016 primary, Madigan appears to have recruited two candidates with Latino names to run against him, to divide the Hispanic vote, and defeat Jason Gonzales. Madigan won the primary.

In 1973, the Seventh Circuit had ruled in Smith v Cherry that when a sham candidate is recruited, that is a violation of the U.S. Constitution. Gonzales depended on that precedent, and filed a federal lawsuit against Madigan. But after three years of complicated proceedings in the Gonzales case, the judge dismissed it on the grounds that during the 2016 primary campaign, the charge that two of the candidates were sham candidates had been widely publicized. Here is the 19-page decision.