On August 2, U.S. District Court Judge David Nuffer issued an injunction, putting the United Utah Party’s nominee for U.S. House on the ballot in the special election set for November 7, 2017, in the Third District. United Utah Party v Cox, 2:17cv-655. The order says the special election procedures, which required a party to have been ballot-qualified by May of this year, are unconstitutionally early. It says, “The Constitution guarantees the freedom to associate in political parties for the advancement of beliefs and ideas. The state’s interests do not require or justify effectively barring UUP and its candidate, Jim Bennett, from participating in the Special Election as a new political party. Here is the 50-page decision. This is the first constitutional ballot access case any minor party or independent candidate has won since April 2017.

The most interesting part of the decision starts on page 30. On page 35, the decision rejects the idea that Bennett should simply have qualified as an independent candidate, which the deadlines permitted him to do. Page 39 says that the state interest in saving election administration costs cannot overcome the right for new parties to form. Page 41 rejects the idea that allowing a new party on the ballot will lead to “factionalism.” The decision even says that factionalism is reduced when new parties are allowed to participate.

On August 1, Washington state held special primary elections for eight different legislative seats. Here is a link to the Secretary of State’s election returns. The only races with any minor party candidates were the races for State Senate 48, and State Representative 48-1. Libertarians ran in both elections. With no Republicans running in those districts, the Libertarians did well: Michelle Darnell polled 23.66% for State Senate; Ciaran Dougherty polled 23.4% for Representative.

None of the eight seats are being filled by the August 1 election. These are only primaries, with the election itself set for November 7, 2017, in all eight races.

On July 31, a 3-judge U.S. District Court ruled that the North Carolina need not hold a special election in 2017 for state legislative seats. But it said the legislature must pass a redistricting legislative plan by September 1, for the 2018 election. This is all due to an earlier U.S. Supreme Court ruling, upholding a lower court ruling, that the current legislative districts are an unconstitutional racial gerrymander. Covington v State of North Carolina, m.d., 1:15cv-399.

The plaintiffs had urged the court to redraw new districts now and then force the state to use those new districts in a special election held this year.

For the 2018 election only, the ruling suspends the North Carolina law that says candidates for the legislature must have lived in their district for one year. They will only need to live in their district when they file for office.

All North Carolina legislators, Senators and Representatives alike, have two-year terms. Thanks to Rick Hasen for the link.