Arizona Voters File Brief in Case on Timing of Next U.S. Senate Election

Posted on by January 4, 2019
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On December 28, the Arizona voters who want a special election to fill Senator John McCain’s Senate seat filed this brief. The case is Tedards v Ducey, 2:18cv-4241. McCain died in August 2018 and the state proposes not to hold an election to fill the remainder of that seat until November 2020.

The case also argues that the state law, telling the Governor he or she must appoint a member of the same party who had held the seat earlier, violates the Elections Clause.

The brief distinguishes Valenti v Rockefeller, the 1968 case involving the seat of Senator Robert Kennedy of New York. In that case, Kennedy was killed in June 1968 and the New York voters who sued for a special election insisted that the special election be held in November 1968. They lost. The new Arizona case says the Arizona case is different than the New York case, because the Arizona plaintiffs never demanded that the McCain seat be filled in November 2018, just that it be held sometime in 2019.

Ninth Circuit Grants Rehearing in Arizona Case on Voting Procedures

Posted on by January 3, 2019
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On January 2, the Ninth Circuit agreed to rehear en banc Democratic National Committee v Reagan, 18-15845. This is a challenge to two Arizona election laws: (1) the law that won’t let provisional ballots be cast outside one’s home precinct; (2) the law that makes it illegal for anyone except certain persons to return a voted postal ballot. The original Ninth Circuit panel had upheld both laws on September 12, 2018, by a 2-1 vote. Also the U.S. District Court had upheld them.

The state defends the law on provisional ballots by pointing out that only 3,970 such ballots were rejected in 2016 (only one-sixth of 1% of the total vote cast), but then it simultaneously defends the law by saying it is necessary so that the precincts don’t run out of blank ballots. Those two arguments are contradictory. Thanks to Rick Hasen for this news.

Libertarian Appointed to City Council of Dougherty, Oklahoma

Posted on by January 2, 2019
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David Greer, a registered Libertarian, has been appointed to the city council of Dougherty, Oklahoma. The post is non-partisan. The term is up in 2020. As far as is known, he is the first member of the Oklahoma Libertarian Party to hold elective public office. Thanks to Chris Powell for this news. The appointment was made in August 2018 but it only now came to my attention.

Connecticut Working Families Party Polls Lowest Share of Vote for State Office in History

Posted on by January 2, 2019
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The Connecticut Working Families Party polled the lowest percentage of the vote in its history for state office in 2018. It has been running a substantial number of candidates for the legislature each year starting in 2002.

For State Senate, the percentage of the vote its nominees polled in the districts in which the party had nominees has been: 2002 3.02%; 2004 2.94%; 2006 4.24%; 2008 5.88%; 2010 3.83%; 2012 3.29%; 2014 5.67%; 2016 3.69%; 2018 2.58%.

For State House: 2002 3.81%; 2004 3.46%; 2006 4.97%; 2008 6.29%; 2010 3.58%; 2012 4.31%; 2014 4.58%; 2016 5.00%; 2018 3.05%.

For Governor, the party has run only three times: 2010 2.30%; 2014 2.27%; 2018 1.27%.

In 2018, the party only had two nominees for legislature who were not Democratic nominees. Those two nominees did far better than any other WF nominees, on the WF line. They were Kennard Ray in the 4th House district, who got 9.31%; and Colin Hosten in the 140th House district, who got 10.54%. These were both good showings, given that both races had a Republican and a Democrat also running.