U.S. Supreme Court Won’t Hear Case on Tennessee Constitution Regarding Meaning of “Majority”

Posted on by October 1, 2018
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On October 1, the U.S. Supreme Court refused to hear George v Hargett, 18-76. This is the case over the meaning of the Tennessee Constitution and its provision on how many votes a proposed ballot measure needs to pass. The Tennessee Constitution says, “If the people shall approve and ratify such amendment by a majority of all the citizens of the state voting for Governor, voting in their favor, such amendment shall become a part of the Constitution.”

A U.S. District Court had interpreted the Constitution to mean that an amendment doesn’t pass unless a majority of the particular voters who voted for Governor voted “yes.” But the Sixth Circuit had reversed, and ruled it means just that the measure needs a number of “yes” votes that equals at least 50% of the total vote cast for Governor.

If the U.S. District Court opinion had prevailed, then every ballot would need to be examined, to compare how a particular voter voted for Governor and then how that same voter voted on the amendment.

U.S. Supreme Court Won’t Get Involved in Lawsuit Over California Legislative District Populations

Posted on by October 1, 2018
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On October 1, the U.S. Supreme Court denied mandamus in Citizens for Fair Representation v Padilla, 18-123. This is the case in which some California local governments, minor parties, and voters challenge California legislative districts for having such huge populations that, effectively, ordinary people can’t influence their state legislators. The plaintiffs had asked the U.S. Supreme Court to rule that the U.S. District Court should appoint a three-judge court. The U.S. District Court Judge had first said she would appoint a three-judge court, but then she changed her mind, allegedly because the chief judge of the Ninth Circuit told her not to arrange for a 3-judge court. The plaintiffs had then asked the U.S. Supreme Court to intervene, arguing that it isn’t proper for the U.S. District Court to defer to any other court or judge, because the U.S. District Court Judge is the only one who will be familiar with the case. But the U.S. Supreme Court declined to get involved.

The case can proceed without a 3-judge court, of course. California legislative districts have almost 1,000,000 residents for each State Senate district, and 500,000 for each Assembly district.

Siena College Poll Suggests Libertarian Party Will Become Ballot-Qualified in New York for First Time Ever

Posted on by October 1, 2018
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A Siena College Poll released October 1 for the New York gubernatorial race shows Larry Sharpe, Libertarian nominee, at 2%. Assuming that 5,000,000 voters turn out to vote, 2% would be 100,000 votes, double the legal requirement that a party poll 50,000 votes for Governor to become qualified.

The Libertarian Party has never been ballot-qualified in New York in the past. The closest it ever came was 2010, when Warren Redlich received 48,386. Other states in which it has never been ballot-qualified are Minnesota, New Jersey, Pennsylvania, Rhode Island, Tennessee, and Virginia. Also the party’s qualified status in Georgia and Illinois has only been for statewide office, not district office. In Connecticut it is piece-meal, for some offices but not others.

In Arizona, California, Maine, Massachusetts, North Dakota, and Washington, even when a small party is ballot-qualified, it still has huge hurdles placing nominees on the general election ballot, because either it is too difficult for a candidate to get on the party’s primary ballot, or because the candidate in the primary must poll a very large number of votes to get on in November.

Rocky De La Fuente Informs Ninth Circuit that the Sixth Circuit Recently Agreed with the U.S. District Court that 30,000 Signatures in Michigan is Too Severe

Posted on by September 30, 2018
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On Sunday, September 30, Rocky De La Fuente notified the Ninth Circuit that the Sixth Circuit had recently issued an order concerning Michigan’s independent statewide petition requirement. De La Fuente is in the Ninth Circuit, trying to overturn California’s independent presidential petition requirement of 178,039 signatures. The U.S. District Court in Los Angeles had upheld the California law.

The new filing to the Ninth Circuit contains the September 6, 2018 ruling of the Sixth Circuit, agreeing with the U.S. District Court that Michigan’s 30,000 signature requirement for statewide independents is too difficult.