Court Hears Evidence of How Philadelphia Poll Workers Discouraged Voters from Voting Republican or Green

Philadelphia held a special election last year to fill the vacancy in the 197th State House seat. Although this is normally a Democratic stronghold, in this election, the only candidate who was on the ballot was the Republican nominee. The Democratic Party backed a write-in candidate; also a very strong Green candidate, Cheri Honkkala, was a write-in candidate.

Criminal charges have been lodged against some of the officials who served at the polls as election officials. See this story about some of the evidence.

Local Republican Party in Alabama Bars Candidate from its Primary Ballot Partly Because He Voted for Gary Johnson in 2016

The Limestone County (Alabama) Republican Party has told Jason White that they will not let him run in the Republican primary for county sheriff, for several reasons. The party did not explicitly list its reasons, but White believes there are several: (1) he is gay; (2) he was asked who he voted for in the November 2016 presidential election, and he answered that he voted for Gary Johnson.

White now intends to run as an independent candidate. See this story.

State courts in Alabama have long upheld the right of political parties the ability to deny candidates access to primary ballots based on political considerations.

South Dakota Secretary of State Plans to Ask Legislature for Further Ballot Access Improvements

The South Dakota Secretary of State plans to ask the legislature to make further improvements to ballot access laws for new and minor parties. A new bill is likely to be introduced on January 31. The bill may let newly-qualifying parties, and perhaps all small qualified parties, nominate by convention for all office. It also may lower the number of signatures needed for a petition to get a party on the ballot.

North Carolina Judge Wants Supplemental Briefs on How Washington State Top-Two U.S. Supreme Court Decision Affects North Carolina on Judicial Primaries

On January 24, U.S. District Court Judge Catherine Eagles asked both sides in North Carolina Democratic Party v Berger to submit short briefs discussing the U.S. Supreme Court decision from 2008 concerning Washington state’s top-two system. The order says, “The Court would appreciate short briefs less than 5 pages on whether and how the Supreme Court’s decision in Washington State Grange v Washington State Republican Party, 552 US 442 (2008) should affect the analysis in this case, particularly as to whether the plaintiffs have associational rights that are burdened by Section 4(a).” Such briefs are due January 26, Friday, at noon.

In Washington State Grange v Washington State Republican Party, the U.S. Supreme Court said that it an open question whether a party’s associational rights are harmed when a state prints party labels on the ballot, but those candidates aren’t party nominees. The Supreme Court said more evidence is needed, to learn if ordinary voters would be confused by party labels, into thinking that parties have nominees.

In the North Carolina case, the law says party labels should be on the November ballot for judicial candidates, but because primaries for judicial office have been abolished (for 2018 only), parties won’t have nominees. The forthcoming briefs should be very interesting reading for persons interested in political parties.

Link to Hear Oral Argument in Third Circuit on Out-of-State Circulator Ban for New Jersey Primary Petitions

Here is a link to listen to the oral argument in Wilmoth v New Jersey, in the Third Circuit on January 23. The issue is New Jersey’s ban on out-of-state circulators for presidential primary petitions. In New Jersey, presidential candidates need 1,000 signatures to get on a presidential primary ballot, and only New Jersey residents can circulate such petitions. The argument is 30 minutes long.