On August 22, Colorado filed this reply brief in Baca v Williams, 18-1173. This is the case over whether presidential electors can vote freely in the electoral college, or whether they should be considered to have resigned if they vote for someone other than the presidential candidate who received the most popular votes. The presidential elector plaintiffs now have one more brief, which will be filed in a few weeks, and then the case will be ready for a decision.
On August 22, the Eleventh Circuit issued this opinion in Fort Lauderdale Food Not Bombs v City of Fort Lauderdate, 16-16808. The issue was a city ordinance that curtailed the activity of the organization. It regularly serves free food in a social setting, to express its viewpoint that “society can end hunger and poverty if we redirect our collective resources from the military and war.” The U.S. District Court had ruled that this is not free speech activity, but the Eleventh Circuit said it is.
Although this is not an election law case, it illustrates the robust protection for free speech activity in public parks. That issue is related to election law because so many parties and candidates must circulate petitions, and access to public parks and similar government property is so important for successful petitioning.
Alaska held its primaries on August 22. Alyse Galvin, a registered independent, defeated three opponents to win the Democratic nomination for U.S. House. See this story. Because she is the Democratic nominee, her label on the November ballot will be “Democrat”.
Here is a link to the primary election returns. In Alaska, there is a Republican primary ballot. Also there is a blanket primary ballot used by the Democratic, Libertarian, and Alaskan Independence Parties. Any voter can choose the primary ballot. Only registered Republicans and registered independents may choose a Republican primary ballot.
The Hopewell, Virginia Electoral Board plans to print November 2018 ballots for the city in which some candidates are listed in capital letters, but other candidates are not. See this story. The election official says some of the candidates asked that their names be printed in capital letters, and because there is no law against it, she permitted it. Thanks to Rick Hasen for the link.
On August 21, the Maine Libertarian Party chose Ray Lafrance to be an Androscoggin County Commissioner, to replace Zachery Maher. Because Maher was a Libertarian, the law permitted the Libertarian Party to choose his replacement. See this story.
Maher had switched to the Libertarian Party on September 7, 2017. He had been elected in 2016 to a four-year term. This seat will now have a special election in November 2018, and Lafrance will be on the ballot for the remaining two years as the Libertarian nominee.
