Maine Republican Party Files Response Brief in Lawsuit Over Whether Party Has a Right Not to Use Ranked Choice Voting in its Primaries

On May 21, the Republican Party of Maine filed this 9-page brief in Maine Republican Party v Dunlap, 1:18cv-179. The issue is whether the First Amendment’s Freedom of Association clause gives the party the ability to decide for itself whether it wants to use ranked choice voting in its own primaries or not.

The Republican Party says that whether a party uses ranked choice voting or not can change the outcome of the individual who wins the party’s primary, so it is a fundamental burden on the party to be told that it must used ranked choice voting. But then the brief mentions that in 1860, if Abraham Lincoln had not been the party’s presidential nominee, all of U.S. history would have been different. This is a strange example, because the Republican Party has always nominated its presidential candidates under ranked choice voting, in a sense. All major party presidential conventions in the United States have always held multiple votes until at least one candidate had a majority of the delegates (and the Democratic Party did so until a candidate got two-thirds of the delegate votes, through 1932).

The hearing in the case is Wednesday, May 23, in the afternoon.

Pennsylvania Bill for a Redistricting Commission Advances

On May 22, the Pennsylvania Senate State Government Committee unanimously passed SB 22. It sets up a redistricting commission that would draw districts both for the legislature and U.S. House. The commission would have eleven members. The Governor would choose three members who could not be either Democrats or Republicans. The other eight would be chosen by legislative leaders. The bill is a state constitutional amendment, so if it passes the legislature, then the voters would vote on the idea.

North Carolina Lawsuit Challenging Independent Petition Requirements Gets a Fresh Start

A U.S. District Court in North Carolina recently granted permission for a pending ballot access case to get a fresh start, and for the plaintiffs to file an amended complaint. Here is the Complaint in Leifert v Strach, m.d., 1:17cv-147. The case attacks the provisions for independent candidates to get on the ballot, which are far more severe than the procedures for newly-qualifying parties. It also attacks the requirement that nominees of qualified parties that nominate by convention must pay a filing fee, and the failure of the state to let voters register into unqualified parties, and the mandatory petitions for write-in candidates.