On December 13, the Eleventh Circuit refused to rehear Hall v Merrill, 16-16766. This is the case challenging the requirement that independent candidates for U.S. House in special elections need a petition of 3% of the last gubernatorial vote. The U.S. District Court had struck down the requirement. But the Eleventh Circuit had ruled that the case is moot, and therefore the precedent established by the U.S. District Court is erased, and if a future independent candidate challenges the same law, he or she must start an entirely new lawsuit. The conclusion that such cases are moot contradicts many U.S. Supreme Court precedents. The plaintiff plans to ask for U.S. Supreme Court review.
On December 13, U.S. District Court Judge Lance Walker, a Trump appointee, issued a 30-page opinion in Baber v Dunlap, 1:18cv-465. The opinion says ranked choice voting does not violate the U.S. Constitution. Thanks to Rob Richie for this news.
On December 10, the California Secretary of State told the Ninth Circuit that it intends to ask for a rehearing en banc in Soltysik v Padilla, the case over party labels for candidates who are members of unqualified parties. The next day, the Ninth Circuit extended the deadline for the state to ask for a rehearing to January 16. The intervenors, “Californians to Protect the Open Primary” joined in with this request.
The U.S. Supreme Court had asked the Utah government to respond by January 2, in Utah Republican Party v Cox. This is the case over whether the First Amendment freedom of association clause protects a party’s right to decide for itself how it nominates. On December 11, Utah asked the Supreme Court to extend that deadline to February 2.
On December 12, Kansas State Senator Barbara Bollier announced that she had changed her registration from Republican to Democrat. See this story.
All Kansas State Senate elections are in presidential years, so she was not up for re-election this year. The Kansas State Senate now has 10 Democrats and 30 Republicans. Thanks to Political Wire for the link.