On February 23, the Arizona State Senate unanimously passed SB 1307, which moves the deadline for political parties to file the names of their presidential elector candidates from late May to late August.
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On February 24, attorneys for the Arkansas Secretary of State filed this reply brief, arguing that it is constitutional for Arkansas to require newly-qualifying parties to choose all their nominees (except President) an entire year before the election. Libertarian Party of Arkansas v Martin, 16-3794.
It is somewhat surprising that the state made this effort, given that the legislature passed a bill on February 22, changing the law that caused the lawsuit. The bill allows new parties to nominate as late as the date of the May primary. HB 1532 hasn’t been signed yet by the Governor, but it seems very likely that he will sign it. Only two legislators voted against it. One would have thought the state would have asked the court for more time to file this brief, to see if the Governor’s signature on the bill will make the lawsuit appeal moot.
As reported last year, four federal lawsuits are pending over whether presidential electors have a constitutional right to make a free decision as to whom to vote for in the electoral college. The governments of Colorado and Minnesota are trying to get the lawsuits in their states dismissed before the constitutional issue is decided, but the electors are fighting back.
Here is the 17-page brief filed on February 24 by Colorado Democratic electors Polly Baca and Robert Nemanich, setting forth why their case should not be dismissed, and also why they should prevail. The case is Baca v Hickenlooper, 1:16cv-2986.
In Minnesota, a Democratic presidential elector filed a brief in the Eighth Circuit on February 17, arguing that the U.S. District Court was wrong to dismiss his lawsuit on the grounds of laches (instead of merely denying injunctive relief), and asking that the Eighth Circuit remand the case back to the U.S. District Court for a decision on the constitutionality of the Minnesota law that unseated him after he voted the “wrong” way. That case is Abdurrahman v Dayton, 16-4551.
Last year, the Washington Secretary of State fined P. Bret Chiafalo and Levi Guerra $1,000 each, because even though they were Democratic Party presidential electors, they didn’t vote for Hillary Clinton in the electoral college. The two electors are contesting the validity of the fine in federal court. But they are also contesting it in a state Administrative Law appeal. The state administrative hearing is open to the public, and will be held at 9 a.m., Friday, March 3, in Tacoma.
The Ohio Libertarian Party is circulating its 2018 petition for ballot status, and has approximately 5,000 signatures. The state requires 54,965, the third highest of any state for a mandatory party petition in 2018. It is still possible that the Ohio Supreme Court will put the party on the 2018 ballot. The party asked for reconsideration in that court on January 24, and the court still hasn’t responded.
The Utah Green Party has just started its petition. The state requires 2,000.
The Hawaii Constitution Party has just started its petition. The requirement is 750 signatures.