On April 24, the Montana Republican Party and some county Republican Parties filed this reply brief in the U.S. Supreme Court. The briefs are now all submitted, in both this case and the Hawaii Democratic Party case. Probably the U.S. Supreme Court will soon set a conference date for both cases. Both cases challenge open primaries. In both cases, the lower courts said the parties haven’t proved that open primaries injure them. In both cases, the major parties argue that they are harmed by never knowing which voters are helping choose their nominees. Unlike the rules in some open primary states, in Hawaii and Montana the voter’s choice of which party primary to choose is secret.
On April 24, U.S. District Court Judge John Jones issued a procedural ruling in De La Fuente v Cortes, m.d., 1:16cv-1696. He gave the plaintiff-candidate, Rocky De La Fuente, permission to amend his complaint. The case challenges the action of Pennsylvania election officials, who rejected De La Fuente’s petition (as an independent presidential candidate) last year on the grounds that he had run in the 2016 Democratic Pennsylvania presidential primary. Last year, after the election, De La Fuente had asked to amend his complaint in order to strengthen his case, but the state had then tried to persuade the judge not to allow him to amend his complaint.
There is no precedent as to whether Pennsylvania’s sore loser law applies to presidential primaries. John Anderson set such precedents in twenty states in 1980, all agreeing that sore loser laws don’t pertain to presidential primaries. Unfortunately, in 1980 Anderson didn’t get on the Pennsylvania Republican presidential primary ballot. Even though Anderson only needed 1,000 signatures of registered Republicans, his Pennsylvania primary petition drive failed. So, no Pennsylvania precedent was ever set, except that Pennsylvania did count Anderson’s write-ins in the Pennsylvania Republican presidential primary, and of course also allowed him on the ballot as an independent in November.
Georgia law does not permit anyone to register to vote, and then be eligible to vote, for a run-off, after the deadline for registering in the first election. Only voters who were already registered for the first election may vote in a run-off, even though the two events are approximately two months apart in time. The Georgia NAACP challenged this law in a lawsuit filed April 20. On April 24, U.S. District Court Judge Timothy Batten expedited the case, which is Georgia State Conference of the NAACP v Kemp, n.d., 1:17cv-1397.
The state must respond to the lawsuit by April 28, Friday, at noon. Oral argument will be Thursday, May 4, at 2 pm.
On Friday, April 21, Evan McMullin appeared on MSNBC for about one and one-half minutes. He said he hasn’t decided whether he will run for public office in 2018. There has been speculation that he might run for U.S. Senate or U.S. House in Utah as an independent.
See here for the official election returns from the web page for France’s elections administration. Although there are very few returns posted, it is possible to click on the map to see the returns from various overseas possessions of France and see how they voted.
The Guardian’s web page here is better for people who want to see the entire national vote totals. Thanks to Eric Garris for the links.