California Supreme Court Asks Secretary of State to Respond to Republican Lawsuit on Presidential Primary Ballot Access

On August 7, the California Supreme Court asked the Secretary of State to respond to Patterson v Padilla, S257302. This is the lawsuit filed by the California Republican Party and its state chairwoman on August 6, challenging the new California law requiring presidential primary candidates to reveal their income tax returns.

The court wants the state’s response by noon August 14, and then the reply by August 16. Although there is no guarantee the Court will accept the case, it seems very likely, given this quick interest from the court. Thanks to Rick Hasen for this news.

Briefs Filed in Both Sides in Georgia Ballot Access Case

On August 7, both sides filed briefs in the Georgia Libertarian ballot access case concerning U.S. House petition requirements for independent candidates and the nominees of parties that didn’t poll 20% of the vote for president or governor in the last election.

Here is the Secretary of State’s brief.

The Libertarian Party brief is here.

Georgia Secretary of State Files Objections to Most of the Recent Evidence in Georgia Ballot Access Case

The Georgia Libertarian Party filed a lawsuit against the Georgia requirements for getting on the ballot for U.S. House in 2017. It is still in U.S. District Court. On August 7, the state filed objections to practically all the witnesses who have filed declarations about petitioning in Georgia. See this document.

Independent Candidate for Mayor of Indianapolis Sues to Validate Signatures

On August 6, John Schmitz, an independent candidate for Mayor of Indianapolis, sued to obtain a place on the ballot. Schmitz v Marion County Board of Elections, s.d., 1:19cv-3314. He needed 6,106 valid signatures. He submitted 8,295. The Board rejected his petition. He would have had enough valid signatures, except that election officials disallowed the signatures of people who are clearly registered voters in Indianapolis, but who listed a different address on the petition than on their voter registration form. UPDATE: see this news story.

Here is the Complaint, which cites several federal laws about voting, including the 1965 Voting Rights Act which has often been interpreted to mean that if an elections administrator knows that a particular signer is a registered voter within the relevant jurisdiction, the signature counts even if the address on the petition doesn’t match the address on the voter registration form. The case is assigned to U.S. District Court Judge Tanya Walton Pratt, an Obama appointee.