Amended Complaint Filed in Arizona Case Over Replacing U.S. Senator John McCain

Posted on by December 23, 2018
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On December 21, the plaintiffs in Tedards v Ducey filed this Amended Complaint. The original Complaint charged that Arizona must permit a special U.S. Senate election to fill John McCain’s seat that is held earlier than November 2020 (McCain died in August 2018). The new Complaint repeats this claim, but it also challenges the state law that says the Governor, when appointing a new U.S. Senator, must appoint someone who is a member of the same party as the Senator being replaced. The Complaint says this is an additional qualification, and states cannot add to the qualifications for service in Congress that are not listed in the Constitution. The new Complaint also points out that Governor Doug Ducey did just appoint a second Senator for the vacancy, because the first appointed Senator is about to resign.

Ohio Bill to Make Statewide Initiatives More Difficult Fails to Pass

Posted on by December 22, 2018
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The Ohio legislature has adjourned, without passing HJR 19. It would have made it more difficult for statewide initiatives to pass. Currently a statewide initiative petition may take as long as is needed, but the bill would have required such petitions to be completed within six months. It also would have required statewide initiatives to receive at least 60% of the vote, and it would have set the deadline for submitting the petition in April of election years. If it had passed, the voters would have voted on it, because it is a proposed constitutional amendment. It may be re-introduced in 2019.

Michigan Legislature Passes Bill Making it More Difficult to Qualify Statewide Initiatives

Posted on by December 22, 2018
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On December 21, the Michigan legislature passed HB 6595. It makes it more difficult to qualify statewide initiatives. No more than 15% of the submitted signatures could come from any one particular U.S. House district. Also, each petition sheet must say if the circulator is being paid to collect signatures. Each paid circulator must submit his or her own separate affidavit to the same office to which the initiative is submitted. The bill does not amend the state constitution, so assuming the Governor signs it, it will go into effect. The vote in the Senate was 26-12; in the House, 57-47. Thanks to Thomas Jones for this news.

Florida Lawsuit on Order of Candidates on Ballot Revived

Posted on by December 21, 2018
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On December 20, a Case Management Report was filed with the U.S. District Court in Tallahassee, Florida, in Jacobson v Detzner, n.d., 4:18cv-262. This is the case filed earlier this year by the national Democratic Party against the Florida law that says the party that won the last gubernatorial election always gets the top line on the ballot. The Democrats had suspended their lawsuit, waiting to see if they won the governorship last month. They did not win, so they are putting the lawsuit back on track.

Democrats want the trial to start on May 27, 2019. The state prefers that it start in June 2019. The judge will soon decide on a date. The trial will consider expert testimony on whether being listed first on a general election ballot is helpful. These cases are always expensive, but the Democratic Party has the resources to bring in political scientists who have studied the effect of ballot order.