Ohio Lawsuit on Party Labels for Supreme Court Candidates Moves Ahead

On August 13, a status conference was held in Brunner v LaRose, n.d., 4:23cv-2180. This is the lawsuit filed by State Supreme Court Justice Jennifer Brunner, which argues that the Ohio law requiring party labels for candidates for Supreme Court violate the Ohio Code of Judicial Conduct. The law has only existed since 2021. Brunner is a Democrat but she doesn’t want her party label on the ballot when her seat is up in 2026.

This case was filed in 2023 and has moved very slowly. There will be a trial in 2026. All discovery will be completed by March 31, 2026.

Republican Party Files Brief in U.S. Supreme Court in Mississippi Case over the Meaning of “Election Day”

On August 11, the Republican National Committee filed this brief in the U.S. Supreme Court in Watson v Republican National Committee, 24-1260. The issue is the 1872 federal law that tells states to hold congressional elections in all districts in November of even-numbered years. The Fifth Circuit had ruled that, therefore, states must require all absentee ballots to be received by the end of election day. It had struck down a Mississippi law allowing ballots to arrive three days after the election.

The Libertarian Party of Mississippi is also in the case, on the side of the Republican National Committee. The Libertarian Party filed its own brief.

Fifth Circuit Agrees with Lower Court that Louisiana Legislative Districts Violate Voting Rights Act

On August 14, the Fifth Circuit issued an opinion in Nairne v Landry, 24-30115. This is a very old case alleging that the 2022 Louisiana legislative districts violate the federal Voting Rights act. It had been filed in 2022. The Fifth Circuit agreed with the U.S. District Court that the maps for both chambers did not create enough Black-majority districts.

Here is the opinion, which is unsigned, but which was before Judges James L. Dennis (Clinton appointee), Catharina Haynes (Bush Jr.) and Irma Carillo Ramirez (Biden).

The next Louisiana legislative elections are in 2027. It is possible the plaintiffs will now press for special legislative elections before then.

U..S. Solicitor General Files Amicus in Support of Bost Lawsuit in U.S. Supreme Court

The U.S. Supreme Court will hear Bost v Illinois State Board of Elections, 24-568, on October 8, 2025. The issue is whether a candidate has standing to challenge a law that says postal absentee ballots need not be received in the elections office for several weeks after election day. The Seventh Circuit had ruled that the candidate doesn’t have standing.

The U.S. Solicitor General has filed this brief on the side of the candidate.