Arnold Schwarzenegger Cast a Write-in Vote for President in November 2016

On October 24, former California Governor Arnold Schwarzenegger spoke at the University of Southern California. He said he cast a write-in vote for president in November 2016, for Ohio Governor John Kasich.

This is very ironic, because Schwarzenegger is responsible for removing write-in space in California general elections for Congress and partisan state office, and attorneys associated with him vigorously intervened in court to defend that write-in ban.

See the Politico California Playbook for October 26 at this link. Scroll down to the middle for the Scharzenegger story, which is titled, “Playbook Excloo: Our Talk with Arnold.”

New York Files Brief in Second Circuit in Defense of Ban on Out-of-State Circulators

On October 26, the New York State Board of Elections filed this brief in the Second Circuit in Redpath v Spano, 18-2089. The case was formerly called Merced v Spano. The issue is the state’s ban on out-of-state circulators.

The state tries to argue that anyone can be a circulator, and that the law only bans out-of-state “witnesses.” In other words, the state expects every out-of-state circulator to be accompanied at all times by a New York state resident. Then the state argues that the free speech of circulators is not an issue in the case, and that witnesses have no free speech complaint because it is the other person in the team who can be expected to do all the talking.

Pennsylvania State Court Keeps Democratic Nominee for State Senate on the Ballot

On October 24, a Pennsylvania state trial court kept a Democratic nominee for State Senate, 38th district, on the ballot. Republicans had challenged her on the basis that they didn’t believe she had been a resident for four years. The court said the Republican challenge was filed too late, and should have been filed when the candidate filed for the primary in March. See this story. Thanks to Steve Goodale for the link.

Eleventh Circuit Says Georgia Annotated Code Can’t be Copyrighted

On October 19, the Eleventh Circuit ruled that Georgia’s annotated legal codes are not subject to being copyrighted. Therefore, groups are free to post copies of them on-line. In this case, Public Resources.org had posted the annotated code, but the state then sued to stop Public Resources from doing that. Here is the decision. Thanks to How Appealing for this news.