Texas Bill to Help Minor Parties Passes Committee

On May 1, the Texas House Elections Committee passed HB 4309. It says that parties that nominate by convention will be the recipients of filing fees paid by members of the party who seek a convention nomination. Current law sends the money to the state government.

For parties that nominate by primary (i.e., the Democratic and Republican Parties), current law send the filing fees paid by members of those parties to their party. Therefore, HB 4309 would treat qualified minor parties the same as the qualified major parties. The Libertarian Party was instrumental in getting HB 4309 introduced.

Fifteen States File Amicus in Support of Maine Legislator Laurel Libby

On May 8, fifteen states filed an amicus brief in the U.S. Supreme Court in Libby v Fecteau, 24A1051. This is the case filed by a Maine legislator to restore her right to vote on bills on the floor of the State House of Representatives. The states are Alabama, Arkansas, Florida, Georgia, Idaho, Iowa, Kansas, Louisiana, Montana, Nebraska, Ohio, Oklahoma, South Carolina, Virginia, and West Virginia.

The brief argues that the doctrine of legislative immunity does not apply because depriving a member of the legislature of her ability to vote on bills is not a normal legislative function. The brief refers to the 1920 instance when the New York legislature expelled all elected Socialist Party members. It quotes Charles Evans Hughes as saying that action was wrong. Hughes was Chief Justice of the U.S. Supreme Court, and he had also been the Republican nominee for President in 1916.

President Trump Erroneously Says Ross Perot Caused President George H. W. Bush to Lose in 1992

On May 9, President Donald Trump said that “Ross Perot cost (President Bush) the 1992 election.” See here.

Nothing is more certain than the fact that Perot did not cause President Bush to lose the election. Perot dropped out of the 1992 race on July 17 and didn’t re-enter until October 1, 1992. During that time opinion polls showed Bill Clinton leading Bush. Furthermore, the exit polls asked Perot voters who they would have voted for if Perot had not been running, and the results were a tie between Perot voters who said “Bush” and Perot voters who said “Clinton.”

Former U.S. Supreme Court Justice David Souter Dies

On May 8, former U.S. Supreme Court Justice David Souter died. He had written Norman v Reed, the last U.S. Supreme Court opinion that helped ballot access. The 1992 decision interpreted several Illinois ballot access laws in a favorable manner, and was a victory for the Harold Washington Party in its battle to appear on the Cook County ballot for county office. On the other hand, a few months later, Souter voted to uphold Hawaii’s ban on write-in votes.

Maine Legislature Files Brief in U.S. Supreme Court in Defense of Legislative Immunity

On May 8, the Speaker of the Maine House of Representatives, and the Clerk of the State House, filed this brief in Libby v Fecteau, 24A1051. This case arose when the House disciplined Representative Laurel D. Libby for having posted on social media a picture of a transgender high school student. Her post included the student’s name. The House said that Libby must remove the social media posting and apologize for having posted it, but she refused, so the House ruled that she cannot vote until the end of the session, or until she changes her mind. Libby then sued, but lost in the lower federal courts.