On November 15, the Eleventh Circuit voted 2-1 to sustain yesterday’s U.S. District Court order in Democratic Executive Committee v Detzner, 18-14758. This is the case over Florida voters whose provisional ballots, or mail absentee ballots, had been rejected because election officials felt the signature on the outer envelope of the ballot didn’t match the signature on the voter registration form. The order permits such voters to visit an election office and show evidence that the ballot is theirs.

The appeal had been filed on November 15. The state governments of Alabama, Georgia, Louisiana, and Texas had filed an amicus in support of the Florida Secretary of State, who had tried to overturn the U.S. District Court order. The National Republican Senatorial Committee had intervened in the case on the side of the Florida Secretary of State.

The three judges who handled this appeal in the Eleventh Circuit are Gerald Tjoflat, a Ford appointee; and two Obama appointees, Beverly Martin and Robin Rosenbaum. Here is the order. The order does not say which judge is in the minority. Thanks to Rick Hasen for this news.

U.S. District Court Judge Colin Bruce will hear Gill v Scholz, c.d., 3:16cv-3221, on April 16, 2019. This is the Illinois case on the petition requirement for independent candidates for U.S. House. Judge Bruce is new to the case; it formerly had been in the hands of Judge Sue Myerscough.

An amicus curiae brief, asking the U.S. Supreme Court to hear Utah Republican Party v Cox, has been filed by some minor parties, along with other groups, including the Coalition for Free & Open Elections (COFOE). The brief is also joined by the Utah Native American caucus (which contains eleven legislators from both major parties), and the Idaho Republican Party.

The minor parties who signed the brief are the Green Party, the Constitution Party, and the American Independent Party. Also these state Libertarian Parties joined: California, Georgia, Louisiana, Michigan, New Mexico, and Oklahoma. Here is the brief.

Another amicus has been filed by Judicial Watch. See it here.

Yet another amicus has been filed by Eagle Forum Legal Defense Fund. See it here.

The next event in this case will be when the U.S. Supreme Court sets a conference date. Also, the Court may then ask the state to respond.