Upcoming Ballot Access Hearings in Federal Court

Alabama: the 11th circuit will hear Hall v Merrill, 16-16766, on Wednesday, December 13, in Atlanta. The issue is whether Alabama can require a petition of 3% of the last gubernatorial vote in special U.S. House elections, given that the petitioning period in special elections is shorter than for regular elections. The U.S. District Court had ruled that Alabama must ease the requirements in special U.S. House elections, and the state is appealing. The three judges are William H. Pryor, a Bush Jr. appointee; R. Lanier Anderson, a Carter appointee; and Jill Pryor, an Obama appointee.

Arkansas: a U.S. District Court in Little Rock will hear Moore v Martin, 4:14cv-65, on December 12 at 9:30 a.m. The issue is the March 1 petition deadline for non-presidential independent candidates. The Eighth Circuit already heard this case and remanded it back to the U.S. District Court. The U.S. District Court had originally upheld the deadline. The Eighth Circuit had then ruled that the deadline is unconstitutional unless the state can show that it cannot manage to check the validity of the petitions without a deadline as early as March 1. The December 12 hearing will give the state an opportunity to establish its assertion.

California: the Ninth Circuit will hear Soltysik v Padilla, 16-55758, on Thursday, February 8, 2018, in Pasadena, at 9:30 a.m. The issue is whether it is constitutional to let some candidates for Congress and partisan state office have party labels on the ballot, while forcing others to disguise their party and instead have “party preference: none” on the ballot. The plaintiff-candidate is a registered Socialist.

New Jersey: the Third Circuit will hear Wilmoth v Guadagno, 17-1925, on January 23, 2018. The issue is New Jersey’s ban on out-of-state circulators for primary petitions. The U.S. District Court had upheld the restriction.

Level the Playing Field Files Brief on Why Additional Evidence Should be Accepted by U.S. District Court

On December 1, Level the Playing Field filed this 3-page rebuttal brief, on the issue of whether additional evidence should be allowed in this case. The issue in this case is whether the Federal Election Commission has failed to apply federal campaign finance laws to the Commission on Presidential Debates. The FEC is trying to get certain evidence excluded.

Kansas Republican Party Attempts to Control Content of 2018 Republican Gubernatorial Debates

The Kansas Republican Party is attempted to control the content of any 2018 Republican gubernatorial debates. The party itself will host debates, and specifies that (1) questions cannot be asked unless all participating candidates have a chance to answer the question; (2) the debates will not last longer than 90 minutes; (3) candidates can only talk about issues, but not about individual characteristics of opponents.

Furthermore, no candidate will be allowed to participate in any other Republican gubernatorial debate that has different rules. See this Kansas City Star editorial, which contains a link to a Wichita Eagle article giving additional details about the rules. Thanks to Nancy Brune for the link.

Poll Shows Two Democrats Likely to be Only Candidates on November 2018 Ballot for Both Governor and U.S. Senator

A PPIC poll released November 30 shows that California voters will probably see only two Democrats on the November 2018 ballot for both Governor and U.S. Senator. However, the poll also shows that 60% of California like the top-two system that would be responsible for such limited general election choices. See the details here.