On November 29, 2018, U.S. District Court Judge Kimberly Mueller dismissed the lawsuit Citizens for Fair Representation v Padilla, e.d., 2:17cv-973. The eleven-page opinion says none of the plaintiffs has standing, because the problem complained of is common to virtually all Californians. The opinion also says the case concerns a political question that is outside the jurisdiction of courts. The plaintiffs had argued that ordinary Californians, and especially those who are members of ethnic minorities, have no real representation in the legislature, because the population of each legislative district is so vast. There are almost 1,000,000 residents of each State Senate district, and almost 500,000 in each Assembly districts. The plaintiffs have not appealed.

On December 21, the plaintiffs in Tedards v Ducey filed this Amended Complaint. The original Complaint charged that Arizona must permit a special U.S. Senate election to fill John McCain’s seat that is held earlier than November 2020 (McCain died in August 2018). The new Complaint repeats this claim, but it also challenges the state law that says the Governor, when appointing a new U.S. Senator, must appoint someone who is a member of the same party as the Senator being replaced. The Complaint says this is an additional qualification, and states cannot add to the qualifications for service in Congress that are not listed in the Constitution. The new Complaint also points out that Governor Doug Ducey did just appoint a second Senator for the vacancy, because the first appointed Senator is about to resign.

On December 21, the Michigan legislature passed HB 6595. It makes it more difficult to qualify statewide initiatives. No more than 15% of the submitted signatures could come from any one particular U.S. House district. Also, each petition sheet must say if the circulator is being paid to collect signatures. Each paid circulator must submit his or her own separate affidavit to the same office to which the initiative is submitted. The bill does not amend the state constitution, so assuming the Governor signs it, it will go into effect. The vote in the Senate was 26-12; in the House, 57-47. Thanks to Thomas Jones for this news.