On November 7, a 3-judge U.S. District Court struck down the boundaries of Maryland’s Sixth U.S. House District. Benisek v Lamone, 1:13cv-3233. Here is the opinion, which was written by U.S. Court of Appeals Judge Paul Niemeyer, a Bush Sr. appointee. Niemeyer wrote that partisan gerrymandering violates representational rights and associational rights. U.S. District Court Judge James Bredar, an Obama appointee, agreed that the boundaries violate associational rights, although he did not agree they violate representation rights. U.S. District Court Judge George Russell, another Obama appointee, agreed that the district violates both types of First Amendment rights, although he agreed with Judge Bredar that using election returns is not a proper way to adjudicate these cases.

Democrats gerrymandered the Sixth District in 2011, flipping it from a safe Republican seat to a seat that has elected a Democrat ever since the new boundaries were in effect. The opinion sets out all the evidence that Democrats in the Maryland legislature fully intended to create this outcome. The Sixth District had traditionally comprised western Maryland, but the 2011 redistricting inserted Democratic-leaning suburbs of Washington, D.C. Thanks to Rick Hasen for this news.

If Maryland appeals, it will be to the U.S. Supreme Court. In the meantime, the state is ordered to draws new boundaries before the 2020 election.

The California Insurance Commissioner’s race was between independent Steve Poizner and Democrat Ricardo Lara. There are millions of votes left to count in California, but as of the morning of November 7, Lara has a slight lead. See the Secretary of State’s web page returns for that office here.

Libertarian Party: compared to the day after the November 2014 election, has gained qualified status in D.C., Kentucky, Massachusetts, New York, and Oklahoma. Compared to November 2014, it has lost status in Alaska, Maryland, North Dakota, and Wisconsin. In Alaska, it only got 1.84% for Governor, and 3% was required. In Maryland, it only got .57% for Governor, and 1% was required. In North Dakota it didn’t have any statewide candidates on the ballot. UPDATE: it appears the Ohio Libertarian Party is still ballot-qualified, even though it did not receive as much as 3% for Governor in November 2018. The law says when a party petitions, it remains on the ballot until the first election that is at least a year later than the date the petition was approved.

Green Party: compared to the day after the November 2014 election, has gained qualified status in Missouri and North Carolina. Compared to the same day in 2014, it has lost qualified status in Arizona, Ohio, Texas, and Wisconsin (although the party was not on in Arizona for the 2014 election, it had already submitted its party petition as of election day 2014).

Constitution party: compared to the day after the November 2014 election, has gained qualified status in North Carolina, and did not lose it anywhere. This post originally erroneously said that the party lost qualified status in New Mexico.