Michigan State Government Files Brief in Lawsuit Over Whether State May Remove Straight-Ticket Device

The fate of the Michigan straight-ticket device is currently pending in U.S. District Court in Detroit. In early 2016 the state had repealed the straight-ticket device. The Michigan State A. Philip Randolph Institute and Common Cause had then filed a lawsuit to retain the device. The lawsuit argues that repealing the device injures African-American voters. The U.S. District Court ordered the state to leave the device in place for the 2016 election, and the Sixth Circuit upheld that order.

Now that the 2016 election is over, the case is getting closer to a decision. On October 16, the state filed this 66-page brief, asking for Summary Judgment. The brief has hundreds of pages of attachments. The state argues that the straight-ticket device causes voter confusion and results in ballot errors, and therefore the state has an interest in eliminating the device. The state also argues that there is no evidence that the device was repealed for discriminatory purposes. The state also says that the plaintiffs have not been injured by repeal of the device, and therefore they don’t have standing.

“Disobedient” Colorado Democratic Presidential Electors File a New Complaint

For almost a year, some of Colorado’s 2016 Democratic presidential electors have been trying to win a federal lawsuit that gives them the right to vote for any qualified candidate when they cast votes in the Electoral College. On October 25, they filed this second amended complaint in their second federal lawsuit, Nemanich v Williams, 1:17cv-1937. The second federal lawsuit had been filed on August 10, 2017. The case is basically starting all over. Plaintiffs are seeking damages for the way they were treated in December 2016, and declaratory relief.

New Hampshire Special Legislative Election

On October 24, New Hampshire held a special election to fill the vacancy in the State House, Strafford County 13 district. The vote was: Democrat Casey Conley 319; Republican Guy Eaton 59; Libertarian Brian Shields 31.

This district only elects one representative. The same district in November 2016 only had one candidate, a Democrat, on the ballot. The district includes part of Dover. Thanks to Bob Johnston for this news.

Irrational New York City Ballot of November 7, 2017

To see a sample ballot for New York city, for the November 7, 2017 ballot, see here. New York insists on continuing to use a ballot format similar to the one that was used long ago, when all precincts in the state used mechanical voting machines. The old machines, in use since 1892, used levers, and the old ballot format had to fit the machines.

But there are no more mechanical voting machines, so there is no reason whatsoever to use the old format. The 2017 ballot lists some Mayoral candidates on a top row, and there is a blank space in the middle of that top row with no candidate. Then more candidates for Mayor are listed on a second row. This suggests to the voter that the Mayoral candidates in the top row are somehow more deserving of attention. No other state has a general election ballot quite like this, although ballots in most counties of New Jersey are somewhat similar.

Because of the widespread use of electronic vote-counting machines, 42 states now use an office-group ballot style, in which all the candidates for a particular office are listed together. The voter goes from first one office, to another office, but each time all the candidates for a particular office compose a single group. There have been bills in the New York legislature to reform ballot access, but they never pass. Thanks to Mark Axinn for the link.