See the North Dakota Recount Opinion

Posted on by August 4, 2018
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As already noted, on August 3, the North Dakota Supreme Court ruled in favor of Libertarian Roland Riemers, so that a recount of the June 12 primary vote for Secretary of State will occur. Here is the Opinion in Riemers v Jaeger, 2018 ND 192.

An irony is that bills have been introduced in two recent sessions of the legislature to eliminate the minimum vote test in primaries. Both times the bill failed to pass. Both times Secretary of State Al Jaegers testified against the bill. If the bill had passed, North Dakota would not need this recount. The author of the bills, both times, was Representative Cory Mock, a Democrat.

Libertarian Wins A Partisan Election in Tennessee

Posted on by August 24, 2018
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August 2 was primary day in Tennessee for federal and state office, and it was also general election day for county office. Some Tennessee counties use partisan elections for their own elections, and some use non-partisan election. Montgomery County uses partisan elections for county office. A Libertarian, Joshua Beale, was elected County Commissioner in Montgomery County district 14. He defeated his only opponent, a Republican, by 54.8%-45.2%. This is believed to be the first partisan election in Tennessee in which a minor party member was elected since 1974, when American Party State Senator William J. Davis was re-elected. Both Beale (in 2018) and Davis (in 1974) were on the ballot with the label “independent”, because in both cases their party was not a ballot-qualified party, and Tennessee won’t permit party labels for unqualified parties.

Also on August 2, two Libertarians won county office in non-partisan races. Stephen Chambers was elected Trousdale County Mayor in a two-person race, defeating the incumbent, by 54.4%-45.6%. Erika Ebel, wife of the state chair of the Tennessee Libertarian Party, was elected County Commissioner in Smith County, district four. Four candidates were on the ballot, with the top three to be elected. Ebel placed third with 211 votes. The other candidates received 296, 232, and 194 votes.

Plaintiffs in Lawsuit Over Population of California Legislative Districts Ask U.S. Supreme Court to Put Case in a 3-Judge U.S. District Court

Posted on by August 3, 2018
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Congress has provided that certain kinds of election law cases must be handled by 3-judge U.S. District Courts. That includes cases involving redistricting. In 2017, a lawsuit was filed in U.S. District Court in Sacramento over the huge population of California legislative districts. Citizens for Fair Representation v Padilla, e.d., 2:17cv-973. The U.S. District Court who received the case first granted a 3-judge court, but then a few weeks later she retracted it, and seemed to say in oral argument that the reason she retracted it was that the Chief Judge of the Ninth Circuit told her to retract it.

On August 3, the plaintiffs asked the U.S. Supreme Court to help them get their 3-judge court. The brief to the U.S. Supreme Court points out that the Chief Judge of the Ninth Circuit has never heard the case, and presumably has not even read the briefs. The request to the U.S. Supreme Court asks that Court to tell the U.S. District Court Judge that she is supposed to make her own independent decision about whether to convene a 3-judge court. Here is the filing in the U.S. Supreme Court. Thanks to Rick Hasen for the link. UPDATE: the case number in the U.S. Supreme Court is 18-123. Thanks to Thomas Jones for the number.

North Dakota Supreme Court Orders a Recount in Libertarian Party Recount Case

Posted on by August 3, 2018
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On August 3, the North Dakota Supreme Court unanimously ruled that Roland Riemers, the Libertarian candidate for Secretary of State, is entitled to a recount of the June 12 primary. The original tally gave him only 247 votes in the Libertarian primary (which is part of a one-piece of paper open primary, also holding the Democratic and Republican primary contests). He needs 300 in order to be listed on the November ballot.

UPDATE: see this story.

Montana Democratic Party Wants Green Party to be Off Ballot During Appeal in the Montana Supreme Court

Posted on by August 2, 2018
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According to this story, the Montana Democratic Party is trying to persuade a state trial judge to keep the Green Party off the ballot for now, even though the Montana Supreme Court will be deciding soon whether to put it on the ballot. The Democratic Party argues that the Montana Supreme Court is not likely to give the party any relief. The Secretary of State wants to leave the Green Party on the ballot for now, pending the outcome of the Montana Supreme Court decision.