Pennsylvania Secretary of State Accepts Minor Party Request to Drop the County Distribution Requirement for Statewide Petitions

On January 11, a status conference was held in U.S. District Court in Constitution Party of Pennsylvania v Cortes, e.d., 5:12cv-2726. At the hearing the attorneys for Pennsylvania state government said they would consent to dropping the county distribution requirement for statewide minor party and independent candidate petitions. Presumably the judge will soon prepare a court order, setting out this idea. The distribution requirement only existed (during 2016) because the judge had written it into the 2016 settlement. But then the Third Circuit ruled recently that county distribution requirements for statewide petitions are very likely unconstitutional, and sent the case back to settle that point.

The county distribution requirement only applies to state office, not President or U.S. Senate. It requires 250 signatures from each of ten counties, on top of the requirement for 5,000 signatures statewide.

New Mexico Supreme Court Won’t Stop Santa Fe From Using Ranked Choice Voting

On January 9, the New Mexico Supreme Court rejected a last-ditch appeal by the city of Santa Fe, over whether the city should use ranked choice voting in its 2018 city elections. A lower state court last month had ordered the city to use ranked choice voting. Even though the city council then authorized its use, it was still asking the State Supreme Court to reverse the lower court. But the State Supreme Court rejected the city’s request. See this story. Thanks to Howard Bashman for the link.

U.S. District Court Upholds Pennsylvania’s U.S. House District Boundaries

On January 10, a 3-judge U.S. District Court upheld Pennsylvania’s U.S. House district boundaries. The vote was 2-1. Agre v Wolf, e.d., 1:17cv-4392.

Each judge wrote separately. The two judges who upheld the districts are D. Brooks Smith, a Bush Jr. appointee, and Patty Shwartz, an Obama appointee. The dissent is by Judge Michael Baylson, a Bush Jr. appointee.

Here is each judge’s opinion: Smith; Shwartz; Baylson. Thanks to Rick Hasen for the links.