COFOE Files Amicus Curiae Brief in Alabama Ballot Access Case

On May 29, the Coalition for Free & Equal Elections (COFOE) filed an amicus curiae brief in Hall v Merrill, 18-1362. This is the Alabama ballot access case pending in the U.S. Supreme Court. The original issue in U.S. District Court was the constitutionality of Alabama’s 3% petition, as applied to special elections, when the normal petitioning period is much shorter. The plaintiff, James Hall, was an independent candidate for a special U.S. House election in 2013.

He won in U.S. District Court, after the election was over. The U.S. District Court said it was unconstitutional for him to be required to collect 5,938 valid signatures in a short time period. Then the state appealed, and the Eleventh Circuit ruled 2-1 that the case should not have been heard after the election was over, because it was moot. Therefore the Eleventh Circuit erased the U.S. District Court win, leaving the issue undecided. Hall now asks the U.S. Supreme Court to rule that the Eleventh Circuit was wrong about mootness.

COFOE was formed in 1985. It gets all of its income from contributions, generally from people who subscribe to Ballot Access News. COFOE appreciates all the people who have contributed through the years, which makes possible the filing of the amicus brief.

Alabama’s brief, which will presumably ask the U.S. Supreme Court not to take the case, is due on July 1.

Two Voters Sue Texas Over Apparel Restrictions at Polling Places

Texas law bans voters from wearing anything to the polls that has a political message. A federal lawsuit was filed on February 28, 2019, by two voters who were told last year that their apparel was not permitted. One voter was wearing a T-shirt that mentioned the Houston Fire Fighters, and another voter was wearing a “Make America Great Again” hat. The voter with the T-shirt was told to turn it inside out, and the voter with the hat was told to remove it. The Fire Fights shirt was deemed political because the Houston Fire Fighters Union was engaged in the campaign for a voter measure.

The case, Ostrewich v Trautman, s.d., 4:19cv-715, is before U.S. District Court Judge David Hittner, a Reagan appointee. Here is the Complaint.

Green Party Places Second in Germany European Union Election

On May 26, elections were held for European Union Parliament in many countries. In Germany, the Green Party placed second, winning 21 seats. By contrast, the Social Democratic Party, long considered one of the two “major” parties in Germany, polled 16 seats. The alliance of the Christian Democratic Union plus its Bavarian partner, the Christian Social Union, placed first with 29 seats. See the wikipedia article.