According to this news story, it is very likely that the New Mexico Libertarian Party nominee for U.S. Senate, Aubrey Dunn, will withdraw. The story also says that Gary Johnson may replace him. Parties in New Mexico have the ability to replace nominees who withdraw.
On July 27, independent candidate Christopher Graveline, who is running for Michigan Attorney General, filed a federal lawsuit, challenging the Michigan petition requirement for statewide independents. Graveline v Johnson, e.d., 2:16cv-11844.
In the entire history of the state, only twice has any independent candidate managed to get on the ballot for statewide office using the current requirement, which requires 30,000 signatures by the middle of July. The two were Ross Perot in 1992, and Ralph Nader in 2004.
The primary in Michigan is in August. Generally non-presidential independent candidate petition deadlines are unconstitutional if they are earlier than the primary day, or the day before. The case is assigned to U.S. District Court Judge Victoria A. Roberts, a Clinton appointee. Here is the Complaint.
On Wednesday, July 25, the Eleventh Circuit heard Hand v Scott, 18-11388. This is the case over whether the Florida system for restoring voting rights for ex-felons is too arbitrary to be constitutional. Ex-felons can never again vote unless the Governor grants them relief. The voters who filed the case argue that the state must have objective standards and that the current system depends entirely on the whim of the Governor.
Here is a recording of the oral argument, which lasted 63 minutes. The panel consisted of Judge Ed Carnes, a Bush Sr. appointee; Elizabeth Branch, a Trump appointee; and visiting U.S. District Court Judge Darrin Gayles, an Obama appointee.
Here is a news story about the hearing.
On July 26, a trial state court in New Mexico refused to order Carol Miller onto the November ballot as a candidate for Rio Arriba County Commissioner. She is appealing to the State Supreme Court. Although New Mexico generally requires all candidates to file petitions (except presidential nominees of qualified parties), for some reason New Mexico county candidates running in a primary don’t need any petition. But independents do, so the lawsuit depends on the State Constitutional provision that elections shall be “free and equal” to argue that independent candidates for county office shouldn’t need petitions either.
On July 24, the North Carolina legislature passed SB 3, on the same day the bill had been introduced. It says that party labels for judicial candidates will be omitted, for candidates who had switched party affiliation during the 90 days preceding filing for office.
The motive for the bill is that one of the State Supreme Court elections this November has three candidates on the ballot, two Republicans and one Democrat. There is no provision for a runoff. The Republican majority in the legislature believes that one of the Republicans is secretly loyal to the Democratic Party, and that he only changed his registration from Democrat to Republican, and then filed to run, in order to split the Republican vote. There are no party nominees for judicial races in North Carolina, and no involvement with any primary, but there are party labels in November.
If Governor Roy Cooper vetoes the bill, the legislature will almost certainly override his veto. If it is enacted, there will be a question as to whether it is constitutional for a government to print party labels for some candidates, but not other candidates. A similar case is pending in the Ninth Circuit in California, Soltysik v Padilla. A decision could come at any time.
