North Carolina State Board of Elections Files Brief in Lawsuit That Challenges Exclusion of Independents from Being Chosen

On July 1, the North Carolina State Board of Elections filed this reply brief in Crowell v Bipartisan State Board of Elections, m.d., 1:17cv-515. This is the case that challenges the North Carolina law that prevents independent voters from ever being a member of the State Board, or any County Board of Elections.

U.S. District Court Enjoins Houston Requirement that Initiative Circulators Must be Registered Voters in Houston

On July 1, U.S. District Court Judge Vanessa D. Gilmore, a Clinton appointee, enjoined a Houston, Texas requirement that city initiatives can only be circulated by registered voters in Houston. Pool v City of Houston, s.d., 4:19cv-2236. Here is the 20-page order.

The city argued that it doesn’t enforce the requirement, and also that the particular initiative being circulated by the plaintiffs would itself be unconstitutional (the initiative concerns campaign finance). The city also argued that the plaintiffs lack standing and that the case is not ripe. Judge Gilmore wrote that these arguments are unconvincing. Thanks to Trent Pool for this news.

Delaware Legislature Adjourns

On July 1, the Delaware legislature adjourned for the year. The only election law bills that passed in 2019 are the National Popular Vote bill, and a bill authorizing early voting starting in 2022 (although the Governor hasn’t yet signed that bill, HB 38).

Bills that failed to pass include a requirement that presidential candidates reveal their income tax returns, and a bill that would have moved the deadline for new parties to get on the ballot from August to March.