Michigan Asks Sixth Circuit to Let it Remove the Straight-Ticket Device in 2018

On August 30, the Michigan Secretary of State asked the Sixth Circuit to stay the U.S. District Court’s order that puts the straight-ticket device on the ballot for the November 2018 election. Here is the brief. The case number is 18-1910.

The state legislature had repealed the device in 2016, but it has continued to appear on general election ballots because U.S. District Court Judge Gershwin Drain believes that removing the device injures African-American voters.

In 2016, the state had also asked the Sixth Circuit for a stay, and the Sixth Circuit had not granted a stay. However, in 2016, its order hinted that the Sixth Circuit judges weren’t really persuaded that the existence of the straight-ticket device violates the U.S. Constitution.

Colorado Republican Party Files Amicus in “Faithless Electors” Case

On August 31, the Colorado Republican Party filed this amicus curiae brief in the Tenth Circuit in Baca v Williams, 18-1173. This is the case over whether presidential electors have a right to vote for anyone who meets the constitutional qualifications to be president, or whether states can force them to vote for the presidential candidate who received the most popular votes in that state.

The lawsuit had been filed in 2016 by several Democratic presidential electors, so it is somewhat odd that the Republican Party is intervening. The Republican Party supports the position of the state of Colorado. The state believes that any presidential candidate who votes for someone other than the popular vote winner thereby ceases to be an elector, even though the voters in November chose the electors.

North Carolina Plaintiffs Who Attacked the Partisan U.S. House Gerrymander Ask Court Not to Redraw Districts Until After 2018

On August 31, the plaintiffs who sued North Carolina over the U.S. House redistricting plan asked the court not to change the old unconstitutional districts until after the 2018 election is over. See their document here in Common Cause v Rucho. Thanks to Rick Hasen for the link. The plaintiffs also ask the court to appoint a special master to draw new districts for 2020.

Los Alamos Monitor Lengthy Story on New Mexico Straight-Ticket Controversy

The Los Alamos Monitor has this lengthy story about the New Mexico straight-ticket device controversy. Toward the end of the article, the story quotes New Mexico Secretary of State Maggie Toulouse Oliver as saying she researched the matter, and learned that the Michigan Supreme Court ordered the Michigan Secretary of State to put the device on the ballot. This is not true. A single U.S. District Court judge made that decision in Michigan, and the state is appealing.

California Congressman Jeff Denham Wins Lawsuit Over Ballot Occupation Label by Avoiding Being Served

California is the only state that prints the occupation of each candidate on the ballot for all partisan office except President. On August 30, Congressman Jeff Denham won a lawsuit that argued his label of “farmer” is not true and should not be on the ballot next to his name. But the basis for his court victory was that the people who brought the lawsuit were not able to hand-deliver notification to him that he was being sued. The people who brought the lawsuit say he deliberately evaded the process server, both in Washington, D.C., and in his home district. See this story.