Eleventh Circuit Refuses to Dismiss Lawsuit Over Georgia Vote-Counting Machines

On February 7, the Eleventh Circuit defeated an attempt by Georgia to dismiss Curling v Secretary of State of Georgia, 18-13951. In 2017, some Georgia voters had filed a federal lawsuit against the use of machines that don’t leave a paper trail. The case is still pending in U.S. District Court. The U.S. District Court Judge had made some rulings showing support for the case, but denying injunctive relief for the 2018 election because there wasn’t enough time to set up new machines.

The state then tried to persuade the Eleventh Circuit to dismiss the case, based on the Eleventh Amendment and standing, but the Eleventh Circuit kept the case alive. Here is the 16-page ruling.

January 2019 Ballot Access News Print Edition

Ballot Access News
January 1, 2019 – Volume 34, Number 8

This issue was printed on white paper.


Table of Contents

  1. NINTH CIRCUIT REINSTATES LAWSUIT ON PARTY LABELS FOR UNQUALIFIED POLITICAL PARTIES
  2. LIBERTARIAN AND GREEN PARTIES EACH ADDED TO MORE BALLOTS
  3. ILLINOIS LOSS
  4. DEMOCRATIC PARTY REVIVES FLORIDA LAWSUIT ON BALLOT ORDER OF CANDIDATES
  5. JILL STEIN LAWSUIT RESULTS IN BETTER VOTING MACHINES IN PENNSYLVANIA
  6. U.S. DISTRICT COURT IN MAINE UPHOLDS RCV
  7. 2018 VOTE FOR U.S. SENATE
  8. 2018 VOTE FOR U.S. HOUSE
  9. 2018 VOTE FOR GOVERNOR
  10. MAINE REGISTRATION DRIVES
  11. BRITISH COLUMBIA VOTERS DEFEAT PROPORTIONAL REPRESENTATION
  12. LIBERTARIAN WINS CALIFORNIA NON-PARTISAN IMPORTANT POSITION
  13. COFOE HELPS PAY EXPENSES FOR BALLOT ACCESS LOBBYING IN ALABAMA AND GEORGIA
  14. REPUBLICAN PARTY LOSES OFFICE-HOLDERS POST-ELECTION
  15. JOHN KASICH RULES OUT RUNNING IN REPUBLICAN PRESIDENTIAL PRIMARIES, KEEPS INDEPENDENT OPTION OPEN
  16. SUBSCRIBING TO BAN WITH PAYPAL

Hawaii Bill on Presidential Candidate Tax Returns Passes Committee

On February 6, the Hawaii House Judiciary Committee passed HB 712. It says no presidential candidate may be listed on the November ballot unless he or she has release income tax returns. It also says no presidential elector may vote for anyone in the electoral college if that presidential candidate has not released his or her tax returns.

Hawaii Top-Two Bills Defeated in Committee

On February 6, the Hawaii House Judiciary Committee defeated two bills for a top-two system. HB 1588 would have implemented a top-two system similar to what California and Washington use. HB 1589 would have implemented the kind of top-two system that Louisiana used before it was invalidated in 1997 by the U.S. Supreme Court in Foster v Love. Both bills were sponsored by Representative Sylvia Luke (D-Honolulu).

There is also a top-two bill in the Senate, SB 954, but it has not been scheduled for a hearing.