Alabama Legislature Adjourns Without Passing Ballot Access Reform

On the evening of May 19, the Alabama legislature adjourned for the year. It did not pass HB 552, which would have eased the independent petition in special elections from 3% to 1% of the last gubernatorial vote. The bill had passed the House 83-6, but it went no further. Because this bill did not pass, the state will continue to argue in the Eleventh Circuit that last year’s U.S. District Court decision, striking down the 3% in special elections, was wrongly decided. The briefs have all been filed. The case is Hall v Merrill, 16-16766.

The only election law bills of importance that passed were: (1) HB 282, which explains which crimes are crimes of “moral turpitude” for purposes of voter registration; and (2) SB 108, which says that if a voter voted in a primary, and there is a runoff for that same office afterwards for any party, then the voter who had voted in the first primary can’t vote in the runoff unless he or she chooses the same party’s ballot.

Other election law bills that failed included many bills to allow for early voting.

U.S. Supreme Court Agrees with Lower Court that North Carolina’s 2011 U.S. House District Boundaries were Unlawful

On May 22, the U.S. Supreme Court ruled 5-3 that North Carolina’s original U.S. House district boundaries at the beginning of this decade were unlawful. Cooper v Harris, 15-1262. The vote was 5-3. Justice Gorsuch did not participate because he had not been on the court when the case had been argued. Justices in the majority are the author, Elena Kagan; and Stephen Breyer, Ruth Ginsburg, Sonia Sotomayor, and Clarence Thomas.

This decision will not compel the legislature to redraw the districts. A 3-judge U.S. District Court had also invalidated the districts on February 5, 2016. In response, the state had redrawn them. Because of the redrawing early in 2016, North Carolina had held two primaries in 2016. The presidential, U.S. Senate, and state office primaries had been March 15, 2016; the U.S. House primaries had been on June 7, 2016.

The case name in the U.S. Supreme Court is Cooper v Harris, 15-1262. In the 3-judge court it had been Harris v McCrory. It is somewhat ironic that the U.S. Supreme Court name lists Governor Roy Cooper as the appellant, because Governor Cooper is a Democrat and he welcomes the May 22 decision. As a result of the May 22 decision, it will be easier for Democrats to challenge other gerrymandered districts in the south. See Rick Hasen’s analysis of the decision.

There are other pending cases, challenging the new (2016) districts.

U.S. Supreme Court Won’t Hear Republican Party of Louisiana Campaign Finance Case

On May 22, the U.S. Supreme Court announced that it is summarily affirming Republican Party of Louisiana v Federal Election Commission. The vote not to hear the case is 7-2. Read Rick Hasen’s commentary about that. The case challenged the federal campaign finance law that curtails contributions to state and local parties.

Texas Legislature Passes Bill that Ends Straight-Ticket Device, Effective After the 2018 Election is Over

On Saturday, May 20, the Texas House again passed HB 25. It had passed earlier but then the Senate had amended it to postpone the effective date until after the 2018 election. Therefore the House had to consider that amendment. The House did accept the amendment, on Saturday. Thanks to Jim Riley for the news.