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

Posted on by February 8, 2018
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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

Posted on by February 8, 2018
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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

Posted on by February 7, 2018
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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

Posted on by February 7, 2018
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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.

South Dakota Ballot Access Bill Advances

Posted on by February 6, 2018
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On February 5, the South Dakota House State Affairs Committee passed HB 1286 by a vote of 8-4. It lowers the number of signatures for a newly-qualifying party from 2.5% of the last gubernatorial vote, to 1% of the last gubernatorial vote. It also says that parties with registration of less than 2.5% of the total state registration are free to nominate for all office by convention. Current law says they must nominate by primary if they want to run candidates for Governor, Congress or state legislature. Because it is very difficult for members of small qualified parties to get on their own party’s primary ballot, the freedom for small qualified parties to nominate by convention would be a great help for them.

The Secretary of State backs the bill. Oddly enough, a trial is being held over the South Dakota rules for ballot access for small political parties February 6-7. The case is Libertarian Party of South Dakota v Krebs.