Four California Voters, Including One Democrat, File Federal Lawsuit Against New California Presidential Income Tax Law

Posted on by August 5, 2019
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On August 1, four California voters filed a federal lawsuit against the new California law on presidential candidate tax returns and ballot access. Griffin v Padilla, e.d., 2:19cv-1477. The case is assigned to U.S. District Court Judge John A. Mendez, a Bush Jr. appointee. See here for the complaint.

One of the plaintiffs is a registered Democrat. The Complaint points out that four Democratic presidential candidates have not revealed their federal income tax returns. They are Joe Biden, Julian Castro, Tulsi Gabbard, and Andrew Yang. This lawsuit is being handled by Judicial Watch, a conservative organization based in Washington, D.C.

California Republican Voter Files Federal Lawsuit Against New Law on Presidential Tax Returns and Ballot Exclusion

Posted on by August 5, 2019
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On August 5, a California Republican primary voter living in Los Angeles County filed a federal lawsuit against the new California law that keeps presidential candidates off primary ballots unless they reveal the last five years of income tax returns. Lykins v Newsom, c.d., 2:19cv-6761.

Here is the Complaint. So far, the case had not yet been assigned to any particular judge.

Arkansas Secretary of State Files Angry Two-Page Brief in U.S. District Court, Asking Why State’s Request for a Stay Has Received No Response

Posted on by August 5, 2019
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On August 5, the Arkansas Secretary of State filed this two-page brief, seeming to express anger that the U.S. District Court in Libertarian Party of Arkansas v Thurston, e.d., 4:19cv-214, has not acted on the state’s request for a stay. The U.S. District Court on July 3 had enjoined the 3% petition for party status in this case, leaving the old 10,000-signature requirement in place. Since then, the Secretary of State has verified that the party did submit at least 10,000 valid signatures, so the party is on, unless either the U.S. District Court or the Eighth Circuit grants a stay.

Democrats File Document Summarizing Why Florida Ballot-Order Law is Unconstitutional

Posted on by August 5, 2019
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On July 31, the plaintiffs associated with the Democratic Party of Florida, including the Democratic National Committee, filed this document with a Florida U.S. District Court that is hearing Jacobson v Lee, n.d., 4:18cv-262. This is the lawsuit in which Democrats challenge the Florida law that says the party that won the last gubernatorial election shall have all its nominees listed first.

Although couched as a proposed decision that the Democrats wish the Judge would write, this document can really be taken as the final brief of the Democrats. It is 67-pages long and is a useful reference to state laws that mandate neutral procedures to determine who is listed first on the general election ballot. It is also a useful summary of past court precedents on this issue.

Unfortunately, the Democrats argue that the relief they seek should not be given to independent or minor party candidates. Footnote 17 says, “Plaintiffs here do not challenge Florida’s tiered ballot-order system, or the order in which minor party or non-partisan candidates are listed.” Current Florida law says the major party nominees are listed first, followed by the nominees of parties with less than 5% of the registration. Below them are independent candidates.

Puerto Rico Governor Signs Bill Moving Democratic Presidential Primary from June to March 29

Posted on by August 5, 2019
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On August 2, Puerto Rico Governor Ricardo Rossello signed SB 1323, which moves the Democratic presidential primary from June to March 29. The Puerto Rico law lets the Republican Party choose the date of its presidential primary, and the Republican Party of Puerto Rico hasn’t yet decided on its date.

Shortly after Governor Rossello signed the bill, his resignation went into effect. Thanks to Josh Putnam for the news about the primary date change.