Fourth Circuit Hears Virginia Party Rights Case

On the morning of December 12, the Fourth Circuit heard Fitzgerald v Alcorn, 18-1111.  This is the lawsuit filed by a unit of the Virginia Republican Party, which is trying to strike down a Virginia law on how parties nominate.  Generally in Virginia, parties choose for themselves whether to nominate by primary or convention.  But the law says if a party has an incumbent who is running for re-election, then the incumbent can dictate to the party how his or her race will be handled, relative to primary versus convention.  The three judges are J. Harvie Wilkinson, a Reagan appointee; Diana Gribbon Motz, a Clinton appointee; and Allyson K. Duncan, a Bush Jr. appointee.  The Fourth Circuit web page will probably enable anyone to listen to the argument, starting on December 13.  So far there don’t seem to be any news stories about how the argument went.  The U.S. District Court had struck down the law.

Juleanna Glover Suggests Joe Biden and a Moderate Republican Team Up as an Independent Ticket in 2020

Juleanna Glover, a well-known public affairs consultant with a history of working for Republican presidents and vice-presidents, here advocates that Joe Biden run for President as an independent in 2020.  She also advocates that his vice-presidential running mate be a prominent moderate Republican, such as Mitt Romney.

COFOE Helps Pay Expenses for Two Voluntary Lobbyists for Better Ballot Access in Alabama and Georgia

Thank you to the several hundred people who have contributed to the Coalition for Free & Open Elections (COFOE) over the years.  COFOE is a loose coalition of most of the nation’s nationally-organized minor parties, and some allied organizations.  Recently COFOE sent $1,000 to a volunteer lobbyist for better ballot access in Alabama, and $1,000 to a volunteer in Georgia.  They will use the money to help pay their expenses as they spend time working to get better ballot access bills introduced in those states.

Florida Acknowledges that Ex-Felon Voting Rights Lawsuit Probably is Not Moot, Because Two Plaintiffs Still Not Eligible to Register

On December 6, the Florida Secretary of State filed a brief in Hand v Scott, 18-11388, in the Eleventh Circuit.  This is the case on whether Florida’s procedures for restoring voting rights for ex-felons are arbitrary and therefore violate due process.  The voters of Florida passed an initiative last month to restore voting rights for most ex-felons.  The Eleventh Circuit had asked each side if the case is therefore moot, and this latest brief was filed per that request. 

The Florida government brief admits that two of the plaintiff voters have not yet paid all court costs and fees that they are required to have paid if they want their voting rights restored.  Therefore, unless that changes, they still can’t register to vote.  Therefore, the case, as to them, appears not to be moot.