Ninth Circuit Judge Stephen Reinhardt died unexpectedly on March 29. See this story. He was on the panel that heard Soltysik v Padilla on February 8, 2018, the California case on party labels for members of unqualified parties. The opinion hasn’t been issued yet. Thanks to How Appealing for this news.
Nebraska election law does not permit candidates to run in a primary if they had “changed party affiliation” during the year before the general election. On March 19, the Nebraska Supreme Court issued this 15-page opinion in Davis v Gale, S-18-218. It says that this prohibition does not include individuals who cease being a member of a political party and who become independents, during that year.
The result is that Bob Krist is permitted to run for the Democratic nomination for Governor, even though he didn’t become an independent until February 2018.
Montana makes illegal for anyone running for a judicial post to reveal that any particular political party has endorsed that candidate. Last year the Ninth Circuit upheld this law. The plaintiff has asked for U.S. Supreme Court review. On March 29, Montana officials told the U.S. Supreme Court that they do not intend to file a brief in the case, which is French v Jones, 17-1255.
Of course, if the Court asks Montana to file a response, the state will do so.
The Alaska Supreme Court heard State v Alaska Democratic Party on March 29. The issue is whether freedom of association protects the Democratic Party’s ability to invite independent candidates to seek the Democratic nomination. A state trial court last year had ruled in favor of the party. When independents win the Democratic primary, they are then listed on the November ballot as the Democratic nominee, with no mention that they are independents.
The state is trying to persuade the State Supreme Court to reverse last year’s decision. See this story.
On March 28, U.S. District Court Judge Mark Goldsmith, an Obama appointee, issued an opinion in Rhodes v Snyder, e.d., 2:17cv-14186. It says that there is nothing in the U.S. Constitution to require the Governor to call a special election to fill the 13th district U.S. House seat (in advance of the November 2018 election), even though it has been vacant since December 2017. Here is the 17-page opinion. Thanks to Thomas Jones for the news.
