Actress Diane Neal Will Run for U.S. House in New York State as an Independent

Actress Diane Neal says she will run for U.S. House in New York’s 19th district as an independent candidate. See this story. The story appears to say she will petition as an independent candidate, instead of seeking the nomination of one of New York’s eight qualified parties. If she only appears on the ballot as an independent, New York’s confusing ballot format will injure her campaign. That format will put her name on a far corner of the ballot, so that most voters probably won’t even see her name.

She could probably easily obtain the nomination of the ballot-qualified Reform Party. In 2016 another independent candidate for U.S. House in New York, Martin Babinec, got the Reform Party nomination, and he polled 24,595 votes on the Reform line. He also petitioned as an independent and got an additional 10,043 votes on his independent line. Thanks to Austin Cassidy for the link.

North Carolina Asks Fourth Circuit to Reverse U.S. District Court, in Lawsuit Over Judicial Primaries

Last week U.S. District Court Judge Catherine Eagles ordered North Carolina to hold 2018 primaries for State Supreme Court and State Court of Appeals judges. This lawsuit was in response to a 2017 North Carolina law that eliminated such primaries, for 2018 only. North Carolina judicial elections are partisan. North Carolina Democratic Party v Berger. There are four statewide judicial races in 2018.

On February 7, the state filed this brief asking the Fourth Circuit to stay the U.S. District Court’s decision. Time is running short in this case because the primary is in May and the filing period for the primary is this month. Thanks to Rick Hasen for the link.

Newspaper Articles Describing Trial on South Dakota Ballot Access Lawsuit

This newspaper story from Sioux Falls, South Dakota, describes the second day of the trial in Libertarian Party of South Dakota v Krebs, the U.S. District Court lawsuit over minor party ballot access in South Dakota.

The story has a slight factual error toward the end. The petitions for members of qualified minor parties to get themselves on the primary ballot is due March 29, not May 29.

Here is a story (published a day earlier) in the same newspaper, the Argus Leader, describing the first day of the trial.

Pennsylvania Supreme Court Explains Why State Constitution Forbids Partisan Gerrymandering

On February 7, the Pennsylvania Supreme Court released an explanation for its decision from last week to find that the State Constitution forbids partisan gerrymandering. Here is the majority opinion in League of Women Voters of Pennsylvania v Commonwealth, 159 MM 2017. This is one of the rare times when a state court used a state constitutional provision mandating “free and equal” elections to strike down an unfair election law. Thanks to Rick Hasen for the link.

U.S. Supreme Court Says Some New Legislative Districts, Not Drawn by the Legislature, May Go Into Effect This Year

On February 6, the U.S. Supreme Court issued an order in North Carolina v Covington, 17A790. The lower 3-judge U.S. District Court had determined that some of the legislative district boundaries represent an unconstitutional racial gerrymander. The 3-judge court had hired an expert to draw new boundaries. The state asked the U.S. Supreme Court to issue a stay of the lower court ruling.

The U.S. Supreme Court response allows some of the newly drawn legislative districts to be implemented this year, but in certain other districts, the boundaries drawn by the legislature will be used in 2018. Thanks to Rick Hasen for this news.