This Portland Press-Herald story explains that the Maine ranked-choice voting is still law, given that the bill to repeal it failed. Thanks to Rob Richie for the link.
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On the late evening of Wednesday, June 28, the North Carolina House passed SB 656, the ballot access bill. The vote was 107-7. All seven of the “no” votes were cast by Republicans. No one spoke against the bill on the floor. The bill will probably get a vote in the Senate on Thursday, June 29. Thanks to Kevin Hayes for the news.
As already reported, on April 26, the Eighth Circuit ruled that the March petition deadline for non-presidential independent candidates is likely unconstitutional unless the state can show that it must have a deadline that early, in order to have time to check the validity of such petitions. Moore v Martin, 15-3558. Therefore, the judges remanded the case back to U.S. District Court to give the state an opportunity to demonstrate its needs. One of the three judges, however, wrote that the deadline is clearly unconstitutional and there is no need for a remand.
Arkansas has decided to appeal this decision to the U.S. Supreme Court. Its cert petition is due July 25. It is very unusual for a state to ask for U.S. Supreme Court review when it loses a constitutional ballot access case. The last instance was in 2009, when Arizona asked the U.S. Supreme Court to reverse the Ninth Circuit opinion in Nader v Brewer, which struck down the Arizona independent presidential petition deadline of June. The Supreme Court denied Arizona’s request. The Arizona legislature then moved that deadline to September, one of the latest such deadlines in the nation.
On June 28, the Eleventh Circuit said it wants oral argument in Hall v Merrill, 16-16766. This is the case on whether Alabama can require petitions of 3% of the last gubernatorial vote, for independent candidates and newly-qualifying parties, in special elections. Last year the U.S. District Court had ruled that because the petitioning time is so short in special elections, the state can’t require such a high number of signatures. The state then filed a notice of appeal to the Eleventh Circuit. Briefs are already submitted.
On June 28, the Michigan Senate passed HB 4177. It removes party logos from ballots. It had already passed the House. The Senate vote was 26-9. The bill now goes to the Governor.
This action will help the state win its lawsuit over whether it is legal to repeal the straight-ticket device. The Michigan legislature repealed the straight-ticket device early in 2016, but then a U.S. District Court enjoined the repeal. Michigan State A. Philip Randolph v Johnson, e.d., 2:16cv-11844. Supporters of the straight-ticket device argued that without the straight-ticket device, some voters would think they could draw a circle around a party logo, and that would be the same as a straight-ticket device.
But if party logos no longer exist, then that fear vanishes.