Lawrence Lessig’s Organization, Equal Votes, Sues Four States to End Winner-Take-All Allocation of Electoral Votes

On February 21, Lawrence Lessig’s organization, Equal Votes, filed lawsuits against California, Massachusetts, South Carolina, and Texas, alleging that these states’ decision to award electoral votes on a winner-take-all basis violates the First and Fourteenth Amendments. Here is the Massachusetts complaint. The others are similar. All four are in U.S. District Courts in their own states.

The Massachusetts case is Lyman v Baker, 1:18cv-10327. One of the plaintiffs is William Weld. As the Complaint says, Weld is a registered Libertarian.

The California case is Rodriguez v Brown, c.d., 2:18cv-1422.

The South Carolina case is Baten v McMaster, 2:18cv-510. Here is a link to that Complaint.

The Texas case is League of United Latin American Citizens v Abbott, w.d., 5:18cv-175. Here is the Texas Complaint. Thanks to Jim Riley for help with that.

Similar cases in the past in several states have not won. In Louisiana, the case was Lowe v Treen, 393 So 2d 459 (1981). In Alabama it was Hitson v Baggett, 446 F.Supp.674; 580 F.2d 1051 (1978 & 1979). In California it was Graham v Eu, 408 F.Supp.37 (n.d. 1976), affirmed 423 U.S. 1067. In Virginia it was Williams v Virginia State Board of Elections, 288 F.Supp. 622 (e.d. 1968), affirmed 393 U.S. 320 (1969). In Mississippi it was Penton v Humphrey, 264 F.Supp.250 (s.d. 1967). Also in 1966, thirteen states sued the other 37 states, arguing that all states must use districts to choose electors. That case was filed directly in the U.S. Supreme Court, but that Court refused to hear it. Delaware v New York, 385 U.S. 895.

Tennessee Bill to Prohibit use of Ranked Choice Voting is Delayed

The Tennessee Senate State and Local Government Committee had been set to hear testimony on SB 2271. However, on February 20 the Committee postponed the hearing to March 13. The bill, along with its companion, HB 638, prohibits any municipality from using ranked choice voting for its own elections. The voters of Memphis had voted to use ranked choice voting, but the city council is trying to negate that vote and actively worked to get these bills introduced.

Darcy Richardson Announces Candidacy for Florida Legislature as an Independent Candidate

Darcy Richardson of Jacksonville, Florida, will be an independent candidate for the legislature this year. See this Florida Politics story. Darcy is the nation’s foremost historian of minor parties and independent presidential candidates, with approximately a dozen books published on that subject. He has also been an activist for better election laws for forty years.

He is running against an incumbent Democrat and he is likely to be her only opponent.

New Hampshire Senate Defeats Bill Requiring Presidential Candidates to Submit Tax Returns

On February 15, the New Hampshire Senate defeated SB 362 by 10-14. It would have required presidential candidates in the presidential primary, and in the general election, to release their income tax returns for the last three years. It also said no presidential elector is permitted to vote for a candidate who had not released his or her returns. The bill had eleven sponsors, all Democrats (seven Senators and four Representatives).