Massachusetts Supreme Court Won’t Block Top-Two Initiative from Ballot

An initiative is currently circulating in Massachusetts for a top-two system. On June 22, the Massachusetts Supreme Court refused to block the initiative from the ballot. Jackson v Attorney General, SJC-13904. Here is the Opinion.

The opinion implies that if the initiative banned write-ins in the general election, it would be unconstitutional. The Court cited its own 1895 decision that said write-ins can never be prohibited. The Court also hinted that if the congressional/state office primary were much earlier in the year, the initiative might be unconstitutional. It quoted from the Ninth Circuit decision that said the Washington state top-two system is constitutional because the primary was in late August, close to the peak of interest in the election. It also quoted the part of that decision that said it would be different if the primary were as early as March.

U.S. District Court Strikes Down President Trump’s 2026 Executive Order that Won’t Let Post Office Deliver Some Mail Ballots

On June 25, U.S. District Court Judge Indira Talwani, an Obama appointee, struck down President Trump’s 2026 Executive Order that says the Post Office will not deliver absentee ballots from voters who are not on the federal government’s list. State of California v Trump, District of Massachusetts, 1:26cv-11581. The case had been filed by 22 states as well as the Governor of Pennsylvania. It only pertains to those states. Here is the decision.

It is somewhat confusing that yesterday’s order, on the 2025 Trump order, is also styled State of Califoronia v Trump. The two cases are entirely separate.

Illinois Independent Gubernatorial Candidate Survives Challenge

On June 24, Illinois independent gubernatorial candidate Collin Corbett won his fight to stay on the ballot in Illinois. The challenge to his petition was withdrawn. See this story.

If Corbett had not obtained a place on the ballot, Illinois would have had a Democratic-Republican monopoly for all statewide offices for the first time since 1966.