Institute for Free Speech Files Amicus Brief in Utah Republican Party Lawsuit Over Primary Procedures

On April 25, the Institute for Free Speech filed this 14-page amicus curiae brief in Utah Republican Party v Cox, 16-4091. The case itself is over whether the Utah Republican Party must permit petitioning candidates to get on its primary ballot, or whether it should be allowed to limit its primary ballot to candidates who showed substantial support at a party meeting. The party lost the case by 2-1 on March 20, but then asked for reconsideration. The panel has asked the state to respond to the request for reconsideration, which shows the judges are taking the request seriously.

The Institute for Free Speech attacks the majority opinion for holding that an association’s interest should be determined, not by what the group’s official position is, but on what the majority imagines is the interest of the rank-and-file members of the association.

Cook Political Report Story on How Top-Two Jeopardizes Democratic Ballot Access in Three U.S. House Districts in California

The widely-read Cook Political Report has this story about the California top-two system, and Democratic Party fears that no Democrat will be on the November ballot in three particular U.S. House districts, even though Hillary Clinton carried all three districts in November 2016.

This story may be old news to BAN readers. The real significance of the Cook Political Report analysis is not so much the content, but that this subject is getting so much national press attention. Thanks to Rick Hasen for the link.

Morton Kondracke Wants John Kasich to Run as an Independent Presidential Candidate in 2020

Real Clear Politics has this essay by journalist Morton Kondracke, who advocates that Ohio Governor John Kasich run for president in 2020 as an independent.

The article quotes John Weaver, a consultant, as saying that it would cost $100,000,000 to get an independent presidential candidate on the ballot in all fifty states. This is ludicrously inaccurate.

Illinois State Senator Sues Leader of the Illinois Senate Republicans Over Caucus Resources

On May 1, Illinois State Senator William “Sam” McCann filed a federal lawsuit against the leader of the Republican Party in the State Senate. He complains that the Illinois Republicans expelled him from the Republican caucus, and now he is deprived of resources to represent his district. McCann v Brady, 1:18cv-3115, n.d.

McCann announced last month that he will be the Conservative Party nominee for Governor of Illinois this year. But he says he never resigned from the Republican caucus. It is not clear why his lawsuit was filed in the northern district, because Springfield, the state capital, is in the central district. The complaint says both McCann and the Republican Party caucus have offices inside the northern district.

Paragraph 41 of the complaint lists all the perks provided to members of party caucuses. These perks are all funded from government funds. The case is assigned to Judge Andrea R. Wood, an Obama appointee.