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U.S. District Court Won’t Order Georgia to Replace Vote-Counting Machines for 2018 Election, but Warns State for Future

Posted on September 17, 2018 by Richard WingerSeptember 18, 2018

On the night of September 17, U.S. District Court Judge Amy Totenberg said she would not order Georgia to replace its vote-counting machines in time for the 2018 election. But she said that is only because there isn’t enough time to make the change. For the future, she said the lawsuit is “substantially likely” to invalidate future use of the machines. Read the 46-page opinion here. Twice the opinion relies on Bush v Gore. It also says the officials in charge of elections have “buried their heads in the sand”, because the machines are easily hacked and do not leave a paper trail. Thanks to Rick Hasen for this news.

Four-Party Debate for Illinois Governor

Posted on September 17, 2018 by Richard WingerSeptember 17, 2018

On September 20, the four ballot-listed candidates for Governor of Illinois will debate each other. They are the nominees of the Democratic, Republican, Libertarian, and Conservative Parties. The debate is sponsored by NBC Chicago, Telemundo, and the Chicago Urban League. See this story.

No Decision Yet in Georgia Case Over Vote-Counting Machines

Posted on September 17, 2018 by Richard WingerSeptember 17, 2018

As of 7:45 p.m. Georgia time, no decision has been issued in Curling v Kemp, the case in U.S. District Court over whether Georgia must give up its vote-counting machines to be used for the November 2018 election. The judge had said she would rule by September 17, but so far she hasn’t.

U.S. District Court Promises Decision by September 19 in Case Over Whether Election Officials Can Disqualify Initiatives Based on Content

Posted on September 17, 2018 by Richard WingerSeptember 17, 2018

On September 17, oral argument was held in a U.S. District Court in Schmitt v Husted. This is the Ohio case over whether the First Amendment allows Ohio to let county election boards reject initiatives, based on their content. The plaintiffs filed the case after Portage County Board of Elections rejected some local initiatives, even though they had enough signatures. Plaintiffs argue that only courts can decide whether to reject an initiatve based on its content. The judge said he would rule by September 19.

New York Appellate Court Puts Independent Candidate Diane Neal Back on Ballot for U.S. House

Posted on September 17, 2018 by Richard WingerSeptember 17, 2018

On September 17, the Appellate Division of the New York Supreme Court reversed a lower court and put independent candidate Diane Neal back on the November ballot. She is running for U.S. House, 19th district. Her ballot label is “Party of NY 19”. See this story. The basis for the decision is that the individual who challenged the validity of her petition did not follow the correct procedure.