Goldwater Institute Will File Amicus Curiae Brief in Libertarian Party Bequests Lawsuit

Posted on by September 11, 2018
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In November the U.S. Court of Appeals, D.C. Circuit, will hear Libertarian National Committee v Federal Election Commission, 18-5227. This is the case that challenges the FEC ruling that forbids parties to receive large bequests from deceased individuals, all at once. Instead the money must be put in escrow and doled out in lumps of $33,900 each calendar year, which could be decades if the bequest is large enough.

Both sides have agreed to let the Goldwater Institute file an amicus curiae brief. The Institute says its brief will deal with the issue of content-based speech restrictions. Clearly the brief will be on the side of the Libertarian National Committee. The Goldwater Institute was formed in 1988 to defend freedom of speech.

Los Angeles Will Ask Voters if they Want First Round of City Elections in March, Followed by a Runoff in November

Posted on by September 5, 2018
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Los Angeles law now says city elections are held in June of even years, with a runoff in November if no one gets 50%. But when that law was created, the state was also holding federal and state elections on those dates. But since then, the California legislature moved federal and state elections to a March-November pattern.

So, the city government is asking Los Angeles voters if they want to switch to a March-November pattern as well. See this Los Angeles Times story. Thanks to Dave Holtzman for the link.

Sixth Circuit Removes Straight-Ticket Device from 2018 Michigan Ballots

Posted on by September 5, 2018
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On September 5, the Sixth Circuit issued an order that permits Michigan to remove the straight-ticket device from 2018 ballots. Michigan State A. Philip Randolph Institute v Johnson, 18-1910. The state legislature had repealed the authorization for the device in early 2016, but then supporters of the device had filed a lawsuit later that year, arguing that removing the device discriminated against African-American voters. The U.S. District Court had restored the device for the 2016 election, and earlier this year, made that permanent and told Michigan to use the device again in 2018.

The vote was 2-1. The opinion is by Judge Danny Boggs, a Reagan appointee. It is also signed by Judge Raymond Kethledge, a Bush Jr. appointee. The dissent is by Judge Bernice Donald, an Obama appointee. The dissent starts on page 24.

The Sixth Circuit in 2016 had let the device remain on the ballot for one election only, but now says that the U.S. District Court was probably wrong, and therefore this year the state may remove the device.