U.S. Supreme Court Accepts a Second Gerrymander Case, This one a Democratic Gerrymander in Maryland

On December 8, the U.S. Supreme Court agreed to hear Benisek v Lamone, 17-333. This case had been considered for the first time at the December 1 conference, but no action was taken until today. The case challenges the boundaries of Maryland’s Sixth U.S. House district as a Democratic partisan gerrymander. The incumbent Democrat is John Delaney, elected in 2012 when this district first came into existence. The district goes from the Washington, D.C. suburbs, westerly all the way to the West Virginia state line.

John Delaney is the author of the bill to require all states to use top-two systems in congressional elections, HR 2981. In 2014, the vote in the Sixth District was: Delaney, Democrat, 94,704; Dan Bongino, Republican, 91,930; George Gluck, Green Party, 3,762.

Here is the brief of the voters who brought the lawsuit. Thanks to Rick Hasen for this news.

Arizona Will Hold a Special U.S. House Election to Fill the Vacant 8th District Seat

On December 8, Arizona Congressmember Trent Franks said he is resigning from the House effective immediately. He represents the 8th district, centered on the suburbs west of Phoenix.

When the special election is called, it will be interesting to see if any reduction in the number of signatures will be ordered. Independent candidates in the typical U.S. House district in Arizona need approximately 5,000 signatures, but in a regular election an independent may take as long as desired to get those signatures. But in special election the petitioning period will be short.

Evan McMullin’s Group “Stand Up Republic” Spends $500,000 on Ads Against Roy Moore

Evan McMullin, independent presidential candidate in 2016 who appealed to Republicans opposed to Donald Trump, formed “Stand Up Republic” after the election. It has spent $500,000 on television ads opposed to Roy Moore, the Republican nominee for U.S. Senate next week in Alabama. The ads do not advocate a vote for the Democratic nominee, Doug Jones. But they feature Republicans who say they cannot vote for Roy Moore.

Lawsuit on Huge Population of California Legislative Districts is Moving Very Slowly

Early in 2017, various California voters, groups, and even a city, sued California alleging that because the population of California legislative districts is so great, the state is violating the U.S. Constitution, which guarantees the citizens of each state a republican form of government. The lawsuit argues that because Assembly districts have almost 500,000 people, and State Senate districts almost 1,000,000, there is no ability for ordinary people to enjoy meaningful communication with their state legislators.

The case, Citizens for Fair Representation v Padilla, e.d., 2:17cv-973, had a hearing on September 8, and Judge Kimberly Mueller still hasn’t decided how the plaintiffs may amend their complaint or whether the case will get a 3-judge court.