A U.S. District Court in Montana will hear Montana Green Party v Stapleton, 6:18cv-87, on January 8, Tuesday. This is the ballot access case that challenges the March 15 petition deadline for newly-qualifying parties, and the unequal distribution requirement for the petition. The law requires signatures in each of 34 state house districts, which are all presumed to have equal populations. The law violates “one person, one vote” because in some districts as many as 150 signatures are required, yet in others, as few as 55 signatures. Thus voters in the latter counties have more power than voters in the former type of districts. No other state has ever had such a peculiar distribution requirement for any type of statewide petition.

On November 13, four New Mexico voters filed a lawsuit with the State Supreme Court, asking that the Court accept their case and declare that the New Mexico Constitution does not permit the government to spend taxpayer dollars on administering primaries for political parties. Chavez v Toulouse Oliver, S-1-SC-37371.

Two of the voters are independents. One is a Democrat and one is a Republican. The New Mexico Constitution says, “Art. IX, sec. 14. Neither the state nor any county, school district, or municiplity, except as otherwise provided in this constitution, shall directly or indirectly lend or pledge its credit or make any donation to or in aid of any person, association, or public or private corporation.” Here is the brief. Thanks to Harry Kresky for this news.

New Mexico was one of the last states to provide for primaries. Before 1938, all parties in New Mexico nominated by convention.

The Tenth Circuit will hear Baca v Williams, 18-1173, on January 24, 2019, at 8:30 a.m., in Denver. This is the Colorado “disobedient” presidential elector case.