U.S. District Judge Wants Two More Quick Briefs Before He Decides Whether to Order Michigan to Hold Special Congressional Election

Posted on by March 16, 2018
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On March 15, U.S. District Court Judge Mark Goldsmith, an Obama appointee, heard arguments in Rhodes v Snyder, e.d., 2:17cv-14186. The issue is whether Michigan must hold a special election to fill the vacant 13th district U.S. House seat, or whether it can wait until November. The seat has been vacant since December 5, 2017, when Congressman John Conyers resigned.

At the conclusion of the hearing, the judge asked the state to submit a brief of five pages or less by Monday, March 19, explaining what burden the state would suffer if a special election were held in the next few months. The voter-plaintiffs who want the election as soon as possible then have until Wednesday, March 21, to respond. This outcome seems to show that the voter-plaintiffs will win the case. The state’s chief argument had been that the lawsuit should be dismissed because the plaintiffs took too long to file the case.

Here is the previous brief of the voter-plaintiffs. UPDATE: here is an article about the hearing.

New Mexico Secretary of State Intends to Restore Straight-Ticket Device Despite Lack of Election Code Authorization

Posted on by March 15, 2018
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New Mexico Secretary of State Maggie Toulouse Oliver says she intends to place a straight-ticket device on 2018 general election ballots, according to this story. There is no New Mexico election law authorizing such a device. The legislature has already adjourned for the year. One would think if she wants a straight-ticket device, she would have asked the legislature to authorize it. Thanks to Rick Lass for the link.

New Hampshire Secretary of State Bill Gardner, One of the Leading Opponents of Fair Ballot Access, Faces a Challenger

Posted on by March 14, 2018
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New Hampshire Secretary of State Bill Gardner has been Secretary of State for 42 years. Throughout that long tenure, he has acted to erect ballot access barriers and do what he could to keep minor parties off the ballot. He has enormous influence over the New Hampshire legislature. There have been dozens of bills over the past few decades to improve New Hampshire ballot access, and he always testifies against such bills, or else sends his chief deputy to testify against them. And those bills are always defeated.

Since he has been Secretary of State, the independent petition requirement for statewide office has risen from 1,000 to 3,000. The number of votes for a party to remain on the ballot has increased from 3% to 4%. The time for collecting signatures on the new party petition has shrunk from unlimited time, to seven months. Gardner influenced the legislature to pass a bill that forced minor party and independent candidates to file a declaration of candidacy several months before their petitions were due, thus cutting the ability of a new party to have a free choice of nominees after submitting the petition.

Under his administration, New Hampshire remains one of the very few states to forcibly deprive a party of all its registered members when it goes off the ballot. The only other states that do that are Florida, Maine, Maryland, Nebraska, North Carolina, and Oklahoma.

According to this NPR story, Colin Van Ostern is launching a campaign to replace Gardner. In New Hampshire and Maine, but no other states, the legislature chooses the Secretary of State, so Van Ostern must campaign for the Secretary of State job by influencing legislators. Thanks to Rick Hasen for the link.