Maine Bill that Makes Some Ballot Access Improvements Moves Ahead

On June 7 and June 8, Maine LD 1571 passed second reading in both houses of the legislature. The bill says a newly-qualifying party has two elections, not just one, to satisfy the requirements to remain on the ballot. It also slightly improves the deadline for a newly-qualifying party, from December of the year before the election, to January of the election year.

Fifth Circuit Hears Oral Argument in Texas Case that Bans Voters At Polls Using an Interpreter Who Lives in Another County

Texas law permits a voter at the polls to bring an interpreter to the polls. However, the law says the interpreter must live in the same county. On June 8, the Fifth Circuit heard arguments in a lawsuit that challenges the constitutionality of the law. The case is Organization of Chinese Americans-Greater Houston v State of Texas, 16-51126. The individual voter-plaintiff, Mallika Das, brought her son to the polls with her in order to translate. However, he was not permitted to be the interpreter because he lived in a next-door county.

The U.S. District Court had invalidated the law. The three judges on the Fifth Circuit panel are James E. Graves, Jr. and Stephen A. Higginson (Obama appointees), and Patrick E. Higginbotham (a Reagan appointee). The state defends the law mostly by saying the plaintiffs lack standing. The only voter-plaintiff died before the U.S. District Court ruling, although there are some organization plaintiffs in the case as well. Thanks to Rick Hasen for news about this case.

UPDATE: anyone can hear the 28-minute oral argument at this link. One of the most interesting facts brought out in the oral argument is that the law not only prohibits residents of other counties from acting as interpreters; it also bans any interpreter who is not a registered voter in the same county. This means that elderly persons who rely on their teen-age grandchildren to interpret for them can’t use their grandchildren to interpret for them at the polls, because someone under age 18 can’t be a registered voter.

The first 36 seconds are silent, so if you choose to listen, just wait for the first 36 seconds to pass, and then you will hear the argument.