Illinois House Speaker Mike Madigan Keeps a Data Base of All Petition Circulators in His State

Posted on by April 22, 2018
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This news story from Illinois covers the new Conservative Party that will try to get a gubernatorial candidate on the ballot this year. It happens to mention that Illinois law won’t let anyone circulate a petition to get a candidate on the general election ballot, if that same circulator worked to get a primary candidate on the ballot in the same year. The story also says that House Speaker Michael Madigan has a database of all the individuals who circulated for a primary candidate in Illinois this year.

Ninth Circuit Case on California Party Labels Now Has a New Judge to Replace Judge Who Died

Posted on by April 22, 2018
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THe Ninth Circuit heard oral argument in Soltysik v Padilla, 16-55758, on February 8, 2018. This is the case over California party labels on the ballot. One of the three judges on the panel was Stephen Reinhardt. But then Judge Reinhardt died on March 29.

The Ninth Circuit has now chosen Judge Johnnie B. Rawlinson, a Clinton appointee, to replace Judge Reinhardt in that case. She will now listen to the recording of the oral argument (if she hasn’t done so already), and read all the briefs, and thus will be able to participate in the decision when it comes out.

Bernie Sanders Supporters File Reply Brief in Eleventh Circuit in Lawsuit Against Democratic National Committee

Posted on by April 22, 2018
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On April 19, the supporters of Bernie Sanders who are suing the Democratic National Committee filed their reply brief in the Eleventh Circuit in Wilding v Democratic National Committee, 17-14194. The brief says, “To wit, Defendants want this Court to construe the First Amendment so broadly as to immunize a political party and its leadership from any legal liability arising from the making of false representations in connection with the receipt of money – or what the common law regards as fraud.”

The brief also says “Plaintiffs and the proposed Class members collectively paid millions of dollars in campaign donations based on a false belief that was perpetuated by the DNC and its former chairwoman through a series of false statements and ommissions: namely that the DNC was running (as it was obliged to do under its own Charter) a presidential primary process that was fair and evenhanded between the candidates and had not determined that one of the candidates, Hillary Clinton, would be the nominee even before the race started.”

Procedural Win in New Jersey Lawsuit Over Out-of-State Petitioners

Posted on by April 22, 2018
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On April 19, the Third Circuit issued an opinion in Wilmoth v Secretary of State of New Jersey, 17-1925. The issue is New Jersey’s law that requires petitioners to be registered voters in New Jersey. The two plaintiffs, Shawn Wilmoth and Trenton Pool, had brought the lawsuit in 2016. They each wanted to circulate presidential primary petitions in New Jersey, but they are not New Jersey residents.

The U.S. District Court had upheld the law on March 24, 2017, and didn’t even bother to write an opinion. The U.S. District Court Judge was Peter Sheridan, a Bush Jr. appointee.

The Third Circuit sent the case back for evidence-gathering. However the Third Circuit also said that the U.S. District Court must apply strict scrutiny. This means that the law is invalid unless New Jersey can prove that it has a compelling need to bar out-of-staters. The Third Circuit wrote, “The complaint in this action presents a plausible claim that the New Jersey law infringes out-of-state circulators’ First Amendment rights.”

So far in this case, New Jersey’s only argument in defense of its law is that it is needed to protect the associational rights of political parties. This argument seems very weak, because Wilmoth, who wanted to work for a Democratic presidential candidate, alleged that he is a Democrat. Similarly, Pool, who wanted to work for a Republican presidential candidate, alleged that he is a Republican.

The Third Circuit decision is by Judge Thomas Valaskie, an Obama appointee. It is signed by Judge Thomas Hardiman, a Bush Jr. appointee, and Patty Shwartz, an Obama appointee.