On August 27, a 3-judge U.S. District Court again struck down North Carolina’s U.S. House districts as an unconstitutional gerrymander. Common Cause v Rucho, m.d., 1:16cv-1026. Judge James Wynn, an Obama appointee, wrote the decision. Judge W. Earl Britt, a Carter appointee, signed it. They wrote that the Constitution prohibits any redistricting that is deliberately designed to help one particular party and injure another party.

The same panel had early this year come to a similar decision. Then the state had appealed to the U.S. Supreme Court, which sent the case back with instructions to re-do it.

Judge William Osteen, Jr., a Bush Jr. appointee, agreed with the other two judges that the North Carolina districts are unconstitutional, because the partisanship in that plan is so extreme. But he also wrote that the Constitution does not prohibit all partisan gerrymandering.

The decision invites the legislature, which is in session, to redraw the districts. Because the primary has already been held, the opinion suggests that the general election could be changed so that filing is re-opened and individuals would run without being party nominees. The same remedy has sometimes been used in Texas, when redistricting was struck down after the primary was over. The decision notes that the North Carolina legislature had created a similar system this year for state judicial elections. Thanks to Rick Hasen for the link.

U.S. Senator Bernie Sanders of Vermont is running for re-election as an independent this year. He received enough write-in votes in the Progressive Party to be its nominee, but he turned it down. He also received enough votes in the Democratic primary to be the Democratic nominee, but he turned that down also. See this story.

The Progressive Party had no statewide candidates printed on its primary ballot, but enough write-ins were received for the party to nominate for Lieutenant Governor and Auditor. The write-in winners for those offices did accept the Progressive Party nomination. They are David Zuckerman for Lieutenant Governor and Doug Hoffer for Auditor. Both are incumbents. Zuckerman is a member of the Progressive Party, and Hoffer is a Democrat. Vermont allows fusion, and Zuckerman will be on the November ballot as “Progressive, Democrat” whereas Hoffer will be on as “Democrat, Progressive.”

On April 4, 2018, the Alaska Supreme Court issued an order in State v Alaska Democratic Party, S-16875, letting the Democratic Party nominate persons who are registered independents. On August 24, the court issued a 24-page opinion, giving its rationale.

The key is that the Alaska Democratic Party had amended its bylaws last year to let registered independents run in its primary. The decision says that a party’s bylaws override state election law on this point. The decision is unanimous. Back on April 4, 2018, one justice had written that he hadn’t yet made up his mind, but now it appears he agrees with the majority. Thanks to Rick Hasen for the link.

Other courts that have ruled that parties may nominate a non-member if they wish include a U.S. District Court in New Mexico, and a state court in Colorado. The Alaska Supreme Court decision does not mention either of those precedents.