On May 30, the Tenth Circuit granted the Utah Republican Party’s request to file a final brief in Utah Republican Party v Cox, 16-4091. The party then promptly filed its reply brief. The issue is the law that forces parties to allow candidates to appear on the party’s primary ballot, even if they don’t show much support at a party meeting. The Tenth Circuit already upheld the law in a 2-1 decision, and the party is seeking a rehearing.
On May 29, the U.S. Supreme Court asked for a response from the federal government in Segovia v U.S., 17-1463, the case over voting rights for citizens who move from Illinois to Guam, Puerto Rico, or the U.S. Virgin Islands. This is a very significant development, and it suggests there is a fair chance the Court will accept the case.
The U.S. Supreme Court had also set a new conference date, June 28.
According to this story, Vermin Supreme has filed to be on the Kansas Democratic primary ballot for Attorney General. The filing deadline is Friday, June 1. No petition is needed. Supreme paid the filing fee. When he filed, no one else had filed for the Democratic nomination, although chances are someone else will file. UPDATE: Vermin Supreme filed as a Republican, not as a Democrat, for Attorney General. But there is another person on the ballot in the Republican primary ballot, so it is extremely likely that Vermin will not be the Republican nominee, and therefore won’t be on the November ballot.
Maine holds a primary on June 12. Independent gubernatorial candidate Terry Hayes, like all independent candidates in Maine, is only on the ballot in November, not the June primary. Her campaign wants to have volunteers handing out campaign literature near the entrance to the polls on primary day. But the Secretary of State says she can’t do that within 250 feet of the entrance of any polling place.
On May 26, she sued the Secretary of State, asking for injunctive relief. Hayes v Department of the Secretary of State, Kennebec Superior Court, AP-18-26. Here is the 13-page complaint. The law says, “On election day, certain activities are restricted at polling places, as follows: Influence or attempting to influence another person’s decision regarding a candidate or question that is on the ballot for the election that day.”
Hayes’ brief says that her campaign is not attempting to influence any voter about whom to vote for in either the Republican or Democratic primaries, and that in any event many voters who come to the polls on primary day will be independent voters who are there only to vote on a ballot measure, and who can’t participate in the major party primaries.
According to this story, the North Carolina legislature is considering a bill that would make it illegal for someone defeated in a May primary from then becoming the nominee of a newly-qualifying party. New parties nominate by convention in June, whereas the primary is in May.
The legislature might not have thought about having such a restriction, except that two Republicans who lost in the May primary are considering joining the Constitution Party and seeking its nomination for the same post.
