Colorado and Minnesota State Governments Try to Short-Circuit Lawsuits Filed by Certain Presidential Electors

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.

Washington State Electors Who Refused to Vote for Hillary Clinton Appeal Their Fine, Using a State Administrative Process

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.

Minor Parties in at Least Three States are Circulating Party Petitions for 2018 Election

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.

Indiana Ballot Access Bill Withdrawn

Indiana State Senator Greg Walker has withdrawn SB 418, his bill to lower the number of signatures for independent candidates and the nominees of unqualified parties. He hopes to reintroduce it early in 2018, but for now, he didn’t feel the bill solves all the problems he wants to solve. The bill had already passed the Senate Election Committee.

Nevada Bill to Make Petition Deadline for Minor Party Petitions Earlier

Nevada Assemblyman Ira Hansen (R-Sparks) has introduced AB 226, which would move the petition deadline for a newly-qualifying party from June to May. Even the existing deadline is constitutionally shaky. In 1992, in Fulani v Lau, a U.S. District Court Judge enjoined the June deadline that existed back then. Afterwards the legislature moved the deadline to July, but years later, they moved it to April.

When the Green Party filed a lawsuit in 2015 against the April deadline, the legislature moved the deadline back to June and the case was dropped.