Third Circuit Identifies Judges Who Will Handle Pennsylvania Case on Who Can Circulate Primary Petitions

On June 25, the Third Circuit said it will decide De La Fuente v Cortes, 17-3378, without oral argument. The three judges who now have the case are Patty Shwartz, Richard Nygaard, and Marjorie Rendell. The issue is the Pennsylvania law that restricts who can circulate petitions to get a candidate on a primary ballot. The law says they must be voters who are registered in Pennsylvania and who are members of the same party.

Judge Shwartz was also on the panel that earlier issued an opinion in a similar New Jersey case, Wilmoth v Guadagno. That ruling remanded the case back to the U.S. District Court, but said the New Jersey restriction on who can sign a primary petition cannot survive unless it is needed for a compelling reason.

June 2018 Ballot Access News Print Edition

Ballot Access News
June 1, 2018 – Volume 34, Number 1

This issue was printed on yellow paper.


Table of Contents

  1. WINS AGAINST COLORADO AND NEW YORK BANS ON OUT-OF-STATE CIRCULATORS
  2. OKLAHOMA BALLOT ACCESS BILL SIGNED
  3. CONNECTICUT JOINS NATIONAL POPULAR VOTE PACT
  4. DEMOCRATS SUE FLORIDA OVER BALLOT ORDER OF CANDIDATES
  5. NEBRASKA BALLOT ACCESS CASE FILED
  6. SOME SUPPORTERS OF CALIFORNIA TOP-TWO ARE CHANGING MIND
  7. POLL ON CALIFORNIA ELECTION SYSTEM
  8. MAINE REPUBLICANS SUE TO STOP RANKED CHOICE VOTING FOR THEIR OWN PRIMARY
  9. CALIFORNIA ELECTOR LOSES
  10. NORTH CAROLINA BALLOT ACCESS
  11. TIM CANOVA WINS LAWSUIT OVER BALLOT DESTRUCTION
  12. MONTANA DEMOCRATS ATTACK GREEN PARTY
  13. LEGISLATIVE NEWS
  14. 2018 PETITIONING FOR STATEWIDE OFFICE
  15. LIBERTARIAN STATE SENATOR IN NEBRASKA FACES TOUGH BATTLE
  16. DON BLANKENSHIP JOINS CONSTITUTION PARTY
  17. NEW YORK REFORM PARTY STATEWIDE PRIMARY WILL BE FIRST IN STATE TO ALLOW INDEPENDENTS TO VOTE
  18. NORTH DAKOTA SECRETARY OF STATE TO BE INDEPENDENT CANDIDATE
  19. TWO UNQUALIFIED CALIFORNIA PARTIES HAVE STATEWIDE CANDIDATES
  20. SUBSCRIBING TO BAN WITH PAYPAL

More Law Professors File Amicus Curiae Brief in U.S. Supreme Court, in Case Involving Territorial Voting Rights

On June 28, some law professors filed this amicus curiae brief in Segovia v United States, 17-1463. This is the case that challenges federal law and Illinois law that says U.S. citizens who move to Guam, Puerto Rico, or U.S. Virgin Islands lose their ability to vote, yet if the same voters moved to American Samoa, the Northern Mariana Islands, or a foreign country, they could continue to vote absentee in Illinois elections.

Another set of law professors had already filed. Both sets of professors are on the side of the voters who brought the lawsuit.

The U.S. Supreme Court earlier had asked the government to file a brief, defending its policy. The brief of the government defendants had been due June 28, but the government asked for another month, so now the government briefs are due at the end of July.

One of the Republicans Running for Governor of Florida Sues Over Debate Exclusion

Seven Republicans are on the August 28 Florida primary ballot. One of them, Bruce Nathan, is being excluded from an upcoming televised debate on the FOX network. On June 28 he sued to be admitted into that debate. Nathan v Republican National Committee, m.d., 6:18cv-1025. The case is assigned to U.S. District Court Judge Roy B. Dalton. Here is the complaint.

It is somewhat unusual for major party members to file such lawsuits over primary season debates.

Arizona Supreme Court Puts Candidate on Republican Primary Ballot, Seems to Say that There is No One-Year Residency Requirement in District to run for Legislature

On June 27, the Arizona Supreme Court ruled that Don Shooter should be on the August 28 Republican primary ballot for State Senate, and seemed to rule that there is no requirement that candidates for the state legislature must have lived in the district for a full year before filing. See this story. The case is Backus v Shooter, cv-18-152. The opinion isn’t up on the court’s web page yet.