Vote-Counting Machine Manufacturers Appeal Wisconsin Case Concerning Jill Stein’s Computer Experts

Posted on by February 1, 2019
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As previously noted, on January 11, a Wisconsin state trial court ruled in favor of the Wisconsin Elections Commission and Jill Stein in Elections Systems and Software v Election Commission. The issue was whether Stein’s experts, who are permitted to look at the voting software in connection with Stein’s recount of the 2016 presidential vote, are free to comment on that software afterwards. The trial court had ruled that they may comment, as long as they don’t reveal any technical details. On February 1, the vote-counting machine makers filed an appeal.

Update on Lawsuit on Whether Arizona Must Hold a Special U.S. Senate Election in 2019

Posted on by February 1, 2019
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A lawsuit is pending in U.S. District Court in Arizona on whether the Governor has the authority to postpone a special election for U.S. Senate (to replace John McCain) until November 2020. Tedards v Ducey, 2:18cv-4241. The plaintiffs are Arizona voters who argue that McCain’s seat should be filled with a special election sometime this year. McCain died in August 2018 and the gubernatorial appointee, Martha McSally, is now holding the seat.

On January 31, U.S. District Court Judge Diane J. Humetewa, an Obama appointee, asked each side to respond by February 8 as to whether any more individuals must be brought into the lawsuit (such as Senator McSally), and also whether the case can be decided as a matter of law, or whether either side wants witnesses and facts to be aired. The responses to her questions will largely determine whether this case will be settled quickly or not.

Hank Adler Says if No one Got a Majority in the Electoral College, it is Plausible that Congress Would Choose an Independent

Posted on by February 1, 2019
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Hank Adler has this interesting article in Townhall about what would happen if no one got a majority in the electoral college. The Constitution says in that case, the House would choose the President, with each state getting one vote. Most commentators think that provision ruins the chances of any presidential candidate who isn’t the Republican or Democratic nominee. But Adler points out that if the House is unable to choose anyone for President, in 2020, it would be easy for Vice-President Mike Pence to be elected by the Senate to a new term as Vice-President, and therefore he would be acting President. This would motivate the Democratic members of the House to use their votes for president to choose the independent as the new president, rather than see Pence as the acting president. Adler doesn’t really make this explicit, but it appears to be what he is suggesting.

New Mexico Bill to Require Parties that want a Closed Primary to Pay for Costs of Primary

Posted on by February 1, 2019
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New Mexico Senator Mark Moores (R-Albuquerque) has introduced SB 418, which would let parties have a closed primary if they wish, but they would be required to pay the election administration costs of their own primary. If they let independents vote in their primary, then the government would continue to pay for the primary.

The bill would be better if it permitted parties to nominate by convention. An 8th circuit opinion from Arkansas says that if the government forces parties to nominate by primary, then the government must pay for that primary. All New Mexico parties nominated by convention before 1938, and qualified minor parties in New Mexico still nominate by convention, so the notion of convention nominations is not foreign to New Mexico.

Four Arizona Bills, All of Which Would Move Petition Deadlines for New Parties and Independent Candidates Earlier

Posted on by January 31, 2019
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Four bills have been introduced in the Arizona legislature, all of which would have the effect of moving the petition deadlines for new parties, or non-presidential independent candidates, earlier in the year.

SB 1154 would move the primary from the tenth Tuesday before the general election (late August) to the first Tuesday in August. That would move the petition for a newly-qualifying party from late February to early February, and it would move the petition deadline for non-presidential independents from late May to early May.

HB 2050 would move the primary to the 17th Tuesday before the general election. That would move the new party petition deadline to mid-January, and the non-presidential independent deadline to mid-April.

HB 2911 would move the primary to the 19th Tuesday before the general election. That would move the new party deadline to early January, and the non-presidential independent deadline to early April.

HB 2127 would move the deadline for candidates to file for the primary from 90 days before the primary, to 120 days before the primary. That would not affect the new party petition deadline, but would move the non-presidential independent deadline so it would be a month earlier.

There is no rational reason to set the new party petition deadline six months before the primary, but that is what the current law does, so every time the primary becomes earlier, the new party petition deadline becomes earlier.

None of these bills would affect the presidential independent petition deadline, which is not tied to the primary date.