Republican National Committee Asks for Rehearing in Third Circuit in Pennsylvania Case Over Dates on Outer Envelopes

On September 9, the Republican National Committee asked for a rehearing in the Third Circuit in Eakin v Adams County Board of Elections, 25-1644. This is the lawsuit over the much-litigated Pennsylvania law that says a postal ballot voter must include the date the voter put the ballot in the mail on the outer envelope. No other state has such a law. The Third Circuit had invalidated the law because the panel did not believe the requirement serves any purpose. When postal ballots arrive in Pennsylvania elections offices, each envelope is date-stamped.

The panel decision had been 3-0, and the judge who signed the opinion is a Republican appointee, Judge D. Brooks Smith. But Smith is not a full-time judge, so he can’t vote on the rehearing request. The Third Circuit has thirteen full-time judges, including seven appointed by Republican presidents, and six appointed by Democratic presidents. The issue seems to be a partisan issue, so the rehearing vote is likely to be close. Here is the request for rehearing.

North Dakota Files Brief in U.S. Supreme Court in Redistricting Case

On September 19, North Dakota filed this brief in Turtle Mountain Band of Chippewa Indians v Howe, 25-253. This is a case over legislative redistricting. The Eighth Circuit had said the lawsuit couldn’t proceed because it had started when the Turtle Mountain Band had filed under the federal Voting Rights Act, section 2, but that the Eighth Circuit thought that private groups can’t file under that law; only the federal government could institute such lawsuits. No Circuit had ever before come to that conclusion.

The North Dakota brief acknowledges that the U.S. Supreme Court will need to settle this important issue, but suggests that the Court should not take this case. But it says if the Court does take it, he hopes the Court will decide by December 31, 2025, whether to take it, because the state needs to know in order to prepare for the 2026 election.

Arkansas Republican Primary in 2026 Won’t be Completely Open

Arkansas has always had open primaries. But starting in 2026, registered Democrats won’t be able to vote in Republican primaries. Several years ago the state added a question about party membership to the voter registration form. The vast majority of Arkansas voters haven’t had to use the new form, so they continue to be unaffiliated with any party. But the Arkansas Republican Party recently passed a rule that says people who have registered with a party can’t vote in future Republican primaries, unless of course they had joined the Republican Party.

There are 86,497 registered Democrats, 742 registered Libertarians, and 120 registered Greens, and they won’t be able to vote in future Republican primaries. However, they can change their registration at any time, even as late as primary day.