U.S. District Court Says Five Michigan Legislators Must be Deposed in Lawsuit Over Straight-Ticket Device

Posted on by January 5, 2018
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On January 4, a U.S. District Court ruled that five Michigan legislators must sit to have their depositions taken, in the lawsuit over whether the U.S. Constitution forbids Michigan from eliminating the straight-ticket device. Michigan State A. Philip Randolph Institute v Johnson, e.d., 2:16cv-11844.

The Michigan legislature repealed the straight-ticket device early in 2016. Some voters then sued, arguing that the bill violates the U.S. Constitution because it disproportionately injures African-American voters. The U.S. District Court forced the state to leave the device in place during the 2016 general election, but the case is not decided yet. The January 4, 2018 court order says the plaintiffs can require that five legislators who were instrumental in passing the bill must sit for depositions. They include the bill’s author, and the chairs of the Election Law Committees in each house, and the Leader of the State Senate. All five are Republicans. Here is the 16-page court order.

Delaware Appeals U.S. District Court Decision That Struck Down Requirement that All State Judges Must be Democrats or Republicans

Posted on by January 5, 2018
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On January 5, Delaware appealed the decision of the U.S. District Court in Adams v Carney. The U.S. District Court on December 6, 2017, had struck down a Delaware law that the only people eligible to be appointed a state judge are people who are members of a political party that is entitled to its own primary. In Delaware, only parties with 5% of the registration are entitled to a primary, so effectively only Democrats and Republicans may be appointed to a state judicial position.

The plaintiff who won the case in U.S. District Court, James R. Adams, is a registered independent.

Alabama Legislature

Posted on by January 5, 2018
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The Alabama legislature convenes January 9, 2018. The only election law bills of interest that have been filed so far are identical bills in each house that would eliminate special elections for U.S. Senate, except for special elections held simultaneously with regularly-scheduled elections. If these bills had been law during 2017, the vacant U.S. Senate seat recently filled by Doug Jones would not have been up until November 2018.

The bills are SB 18, by Senator Gerald O. Dial (R-Lineville) and HB 17, by Representative Steve Clouse (R-Ozark).

Arizona Legislature

Posted on by January 5, 2018
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The Arizona legislature convenes on January 8, 2018. A few election law bills have already been introduced. Representative Ken Clark (D-Phoenix) has introduced HB 2051, which would let independent voters vote in any party’s presidential primary. Arizona law already lets independent voters vote in partisan primaries for other office, but Arizona has closed presidential primaries.

Representative Jay Lawrence (R-Scottsdale) has introduced HB 2032, which would require all cities to use non-partisan elections. Currently Tucson is the only city in Arizona with partisan city elections. Generally Democrats win a majority on the Tucson city council.

Georgia Libertarians Ask U.S. District Court to Expedite Ballot Access Case

Posted on by January 4, 2018
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On January 1, 2018, the Georgia Libertarian Party filed this short brief in Cowen v Kemp, n.d., 1:17cv-4660. This is the case that challenges the Georgia petition requirement for independent and minor party candidates for U.S. House. Georgia had filed a motion suggesting a procedural problem with the case, which the new Libertarian brief rebuts. More importantly, the Libertarian brief points out that this is a time-sensitive case if the party is going to be any relief in time for the 2018 election.