On December 22, the defendants in North Carolina Democratic Party v Berger, m.d., 1:17cv-1113, filed their first response. This is the case concerning the recent law that abolishes primaries for judicial office. The Defendants say the legislature may repeal or amend the law in early 2018. Because the defendants are leaders of both houses of the legislature, this statement is meaningful. The legislature convenes on January 10, 2018.
Daily Kos has this useful page that shows the date of each state’s 2018 primary, and also the date on which primary candidates must file. The chart does not have any information for deadlines for independent candidates or for new parties, or parties that nominate entirely by convention. Thanks to Adam Bonin for the link.
Ballot Access News
December 1, 2017 – Volume 33, Number 7
| This issue was printed on blue paper. |
Table of Contents
On December 22, the Michigan League of Women Voters, and some voters who prefer to vote for Democrats, filed a federal lawsuit against Michigan’s U.S. House and legislative district boundaries. League of Women Voters of Michigan v Johnson, e.d., 2:2017cv-14148. Thanks to Thomas Jones for this news.
There are still three pending federal lawsuits over whether presidential electors have the freedom to vote for anyone they wish who meets the Constitutional qualifications. The California and Minnesota lawsuits are moving slowly, but the Colorado case is very active. On December 22, the presidential electors filed this interesting 22-page brief in their lawsuit, Baca v Colorado Department of State, 1:17cv-1937. The three plaintiff-electors are Polly Baca, Robert Nemanich, and Micheal Baca.
The brief reveals that two scholarly articles were published late last year, examining the question of whether the founding fathers intended that the electors should be permitted to vote for anyone who is qualified. They are: “The Constitutional Power of the Electoral College” by Michael Stokes Paulsen; and “Is the Uniform Faithful Presidential Electors Act Unconstitutional?” by Robert J. Delahunty.
