Link to Alabama Primary Returns for Special U.S. Senate Election

Posted on by August 15, 2017
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Here is a link to election returns for the Alabama special primaries for U.S. Senate.  It appears there will be a run-off primary for the Republicans on September 26, because no one has a majority so far.

The special election itself is not until December 12.  The petition deadline for any unqualified party or independent candidate was August 15, and no one submitted a petition.  If the state had a reasonable law, the petition would not be due until September 26, the date the major party nominees will be known.

U.S. District Court Again Invalidates Some Texas U.S. House District Boundaries

Posted on by August 15, 2017
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On April 15, a 3-judge U.S. District court invalidated the current Texas U.S. House district boundaries for districts 27 and 35.  Perez v Abbott, w.d., SA-11-cv-360.  The vote was 3-0.  This case was filed in 2011.  The original boundaries drawn in 2011 had already been invalidated.  The new decision invalidates district boundaries drawn in 2013.  Here is the decision.

The court asked the state to say whether the legislature intends to draw new boundaries.  If the state says it won’t, then the judges will begin to process for a court-drawn plan.  Texas plans to ask the U.S. Supreme Court to reverse the new decision.  Thanks to Rick Hasen for the link.

Colorado “Disobedient” Presidential Electors Dismiss Their 2016 Case and Re-File a Similar New Case

Posted on by August 15, 2017
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Polly Baca and Robert Nemanich were Colorado Democratic presidential electors last year who filed a federal lawsuit to win the freedom to vote in the electoral college for someone other than Hillary Clinton.  They did end up voting for Hillary Clinton, after watching the Secretary of State expel a third Democratic presidential elector, Michael Baca, who cast a vote for Bernie Sanders.  Because  Michael Baca was expelled, his vote was not counted, and he was replaced by an elector who did vote for Clinton.

On August 2, Polly Baca and Nemanich voluntarily dismissed their lawsuit, which had still been pending in U.S. District Court.  On August 10, they filed a new case, which is similar to the old one.  Here is the new complaint.  The new case is Baca v Williams, 1:17cv-1937.

California Recall Proponents Win a Partial Court Victory

Posted on by August 15, 2017
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On Monday, August 14, the California State Court of Appeals, 3rd district, issued a ruling in Howard Jarvis Taxpayers Association v Padilla, 85176.  The Court said the state cannot now enforce a new law, passed in June 2017, that makes it more difficult for recall petitions to succeed.  The court did not rule on the substance of the new law, but said the new law can’t be applied now.

The order, issued by Presiding Justice Vance W. Rave, suggests that the new law, which was part of a budget bill, violates the restriction on the single-subject rule.  The bill was SB 96.

The recall is aimed at Democratic State Senator Josh Newman (D-Fullerton).  Recall proponents did not like his vote to increase gasoline taxes.  Thanks to Rick Hasen for this news.

Philadelphia Magazine Story on Upcoming Trial on Green-Republican Lawsuit

Posted on by August 14, 2017
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Philadelphia Magazine and WURD radio have this story about the upcoming trial in Little v Vasquez, the lawsuit over the March 2017 special election for state representative in Philadelphia’s 197th state house district.  The case is in federal court and has a trial on September 13 at 2 p.m.  It concerns charges that voters were bribed to cast a write-in vote for the Democratic nominee.  The case was filed by the Republican nominee and the Green nominee.