U.S. Supreme Court Sets Conference Date for Case on Voting Rights of Citizens Who Move to Certain U.S. Territories

The U.S. Supreme Court will consider whether to hear Segovia v U.S., 17-1463, on June 7, 2018. This is the case from Illinois over voting rights for U.S. citizens who move out of Illinois to certain U.S. territories. If a citizen-resident of Illinois moves to American Samoa or the Northern Mariana Islands, he or she can continue to vote absentee in Illinois. Also if a citizen-resident of Illinois moves to a foreign country, he or she can also continue to vote in Illinois elections by absentee ballot.

But if an Illinois citizens-resident moves to Puerto Rico, Guam, or the U.S. Virgin Islands, that individual cannot continue to vote in Illinois elections. The lower courts had upheld this system.

The U.S. government has told the U.S. Supreme Court that it does not wish to file a response. Six law professors have filed an amicus, asking the Court to hear the case. They are Samuel Issacharoff, Joshua Douglas, Chad Flanders, Joseph Fishkin, Nicholas Stephanopoulos, and Ciara Torres-Spelliscy.

U.S. District Court Again Invalidates Delaware Law Requiring All Supreme and Superior Court Judges to be Members of the Two Largest Parties

On May 23, U.S. District Magistrate Judge Mary Pat Thynge, a Bush Sr. appointee, again ruled that Delaware cannot require all State Supreme and Superior Court Judges to be members of the two largest political parties. Adams v Carney, 1:17cv-181. Here is the 18-page opinion.

The Delaware Constitution says “Three of the five Justices of the Supreme Court in office at the same time, shall be of one major political party, and two of said Justices shall be of the other major political party.” The plaintiff is an independent. The state had asked for reconsideration of the original decision, which had been issued on December 6, 2017. The state argued that the plaintiff lacked standing, but failed to persuade the magistrate judge to change her opinion on that.

Washington Secretary of State Agrees to Let Candidate Have “Freedom Socialist” on Primary Ballot

The Freedom Socialist Party has a candidate for U.S. Senator in the August 2018 Washington state top-two primary. Washington state lets all candidates in partisan races choose any partisan label that is 16 characters or fewer and is not obscene. “Freedom Socialist” is 16 characters. Originally the Secretary of State said that a space is considered a character, and therefore the candidate could only have “Prefers FreedomSocialist Party” on the ballot. But on May 23, the Secretary of State changed his mind and will allow “Prefers Freedom Socialist Party.” Thanks to Doug Barnes for this news.

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.