Sixth Circuit Upholds Tennessee Ballot Access Law for New Political Parties

On May 1, the Sixth Circuit issued a nine-page opinion, upholding the Tennessee law that requires 43,498 signatures for a new or previously unqualified party to get on the Tennessee ballot. Darnell v Hargett, 24-5856.

The opinion is by Judge Chad Readler, a Trump appointee. It is also signed by Judge Amul Thapar, another Trump appointee; and Eric Clay, a Clinton appointee. It will not be published.

It merely says that the law has been upheld before. It does not mention that since then, the Sixth Circuit struck down Michigan’s 30,000-signature requirement for independent statewide candidates. Nor does it mention that the Tennessee law has existed since 1972 and has never been used. It doesn’t mention any U.S. Supreme Court ballot access opinion.

Federal Government Asks U.S. Supreme Court for a Fifth Extension of Time to Respond to Campaign Finance Case

On April 30, the federal government asked the U.S. Supreme Court for a fifth extension of time in which to respond to National Republican Senatorial Committee v Federal Election Commission, 24-621. Here is the request. This is the case over the federal campaign finance law that limits how much money parties can donate to the campaigns of their own nominees, assuming the party and the candidate are coordinating with each other.

The lower courts had upheld the limits, because the U.S. Supreme Court had upheld them several decades ago. The plaintiff Republican Senatorial Committee hopes to persuade the U.S. Supreme Court to change its mind. The old decision decades ago had been 5-4.

U.S. District Court Stays Mississippi Ruling on When Postal Ballots Must be Received

On April 18, U.S. District Court Judge Louis Guirola issued a stay of the latest ruling in Republican National Committee v Wetzel. This is the case over the deadline for postal ballots to be received in the elections office. The purpose of the stay is to freeze the status quo until the U.S. Supreme Court decides the issue.

Mississippi law says a postal ballot must be postmarked by election day but can be received up to five days after election day. The Republican National Committee had then sued Mississippi, arguing that a 19th century law, setting congressional election day on the first week of November, really means that all ballots must be received by election day. The U.S. District Court had ruled against the Republican National Committee and upheld the state law. But then the Fifth Circuit had reversed, saying Mississippi cannot allow five days after the election for ballots to be received.

Now the state will ask for U.S. Supreme Court review. While that process is underway, the decision is stayed and the statute is still in force.

Free 2024 Elections Return Book is Now Available

The Clerk of the U.S. House has published Statistics of the Presidential and Congressional Election of November 5, 2024. It has the election returns for the general election, for president and both houses of Congress. The Clerk has been publishing a similar book ever since 1920.

Anyone can obtain a free copy by phoning 202-226-5200. It is also available on-line.