Leonard Peltier Wins Procedural Point in his Lawsuit Against Prison for Discriminatory Treatment of his Art

On July 16, Leonard Peltier won a procedural ruling in his lawsuit against prison authorities, who sponsored an art exhibit and initially included his work, but then removed it because of his perceived beliefs. Peltier was the Peace & Freedom Party presidential nominee in 2004. Here is the 18-page ruling in Peltier v Sacks, w.d. Washington, 3:17cv-5209. Thanks to the Institute for Free Speech for this news.

The ruling is by U.S. District Court Judge Ronald Leighton, a Bush Jr. appointee.

Republican Party Chooses Charlotte for its 2020 Presidential Convention

On July 20, the Republican National Committee chose Charlotte, North Carolina, for its 2020 convention. The dates haven’t been chosen yet. The Democrats, by contrast, have not chosen the city, but they have chosen their dates.

In 2016, six cities bid to host the Republican convention: Cleveland, Cincinnati, Dallas, Denver, Kansas City, and Las Vegas. But for 2020, only two cities bid for the Republican convention. The other city that bid was Las Vegas. Thanks to Thomas Jones for this news.

North Carolina Constitution Party Files Ballot Access Lawsuit for Three of its Nominees

On July 20, the North Carolina Constitution Party filed a federal lawsuit to regain a spot on the November ballot for three of its nominees. The State Board of Elections removed them because they had run in Democratic or Republican primaries this year, and had lost those primaries; then the Constitution Party had nominated them in its convention. Poindexter v Strach, e.d., 5:18cv-366. Here is the eleven-page Complaint.

The basis for the lawsuit is due process. On the date the Constitution Party nominated the three candidates, there was no law saying a convention party could not nominate persons who had earlier run in a major party primary. The law didn’t exist until a few days after the nominating convention. Two of the candidates are running for partisan county office and one for the legislature. One had run in a Democratic primary, and two in a Republican primary.

Delaware Files Third Circuit Brief in Case Over Law that All State Judges Must be Democrats or Republicans

Last year a U.S. District Court struck down the Delaware law saying all state court judges must be members of a party entitled to a primary. In Delaware, no party other than the Democratic or Republican Parties has ever been entitled to a primary. Primary parties must have registration of at least 5% of the total.

The Delaware government hopes to persuade the Third Circuit to reverse the U.S. District Court and uphold the law. Here is the opening brief filed by the state. The case is being expedited and all briefs will be filed by August 31.

Montana Secretary of State Appeals Green Party Ballot Access Decision to State Supreme Court

On July 18, the Montana Secretary of State asked the Montana Supreme Court to put the Green Party back on the November ballot. The Secretary of State had originally determined that the Green Party had enough valid signatures, in March. In June the state held a primary for the Green Party. Then, on July 9, a state trial court removed the party from the ballot, on the basis that the Democratic Party’s challenge to the petition validity should be upheld. The trial over the validity of the signatures had been held in April, and the judge waited almost three months before ruling. See this story.