California Files Even-Handed, Scholarly Brief in Presidential Elector Case

On December 14, attorneys for California state government filed this brief in Koller v Brown, n.d., 5:16cv-7069. This is the lawsuit in which a California Democratic presidential elector seeks to invalidate the California law that requires presidential elector candidates to vote in the electoral college for the national ticket of that elector’s party.

The state brief almost reads like a court decision instead of the brief of one side. It presents the arguments on both sides. However, it says the elector is not entitled to injunctive relief, because even though California law tells electors how to vote, California law does not have any penalty for an elector who disobeys. Therefore, the state says, Koller is not being subject to any possible harm, no matter what he does. Thanks to Rick Hasen for the link.

Oral Argument in Arkansas Independent Candidate Ballot Access Case Goes Well in Eighth Circuit

On December 14, the Eighth Circuit heard Moore v Martin, 15-3558. This is the case over the constitutionality of the non-presidential independent candidate petition deadline in Arkansas, which is in early March. The three judges are Roger Wollman, Lavenski Smith, and Duane Benton. The lower court had upheld the deadline. From the tenor of the argument and the comments and questions of each of the judges, it seems likely that the panel will reverse the lower court and invalidate the deadline.

Arkansas had its April deadline declared unconstitutional in 1974, and again in 1976. An even earlier deadline passed in 1987, January, was held unconstitutional in 1988. The Arkansas legislature has consistently lost on this issue, but invariably the legislature fixes the law, and then forgets why it did that, and reverts to an early deadline. The oral argument partly focused on the historical record.

California Republican Ashley Swearengin Won’t Run for Governor in 2018, Making it More Likely that Only Two Democrats Will be On November 2018 Ballot

Many powerful California Democrats have signaled that they intend to run for Governor of California in 2018. On December 14, one of the few Republicans who had been considered a strong contender for Governor, Fresno Mayor Ashley Swearengin, said she will not run for Governor in 2018. See this story. This increases the chances that the 2018 California primary will result in only two Democrats being on the November ballot for Governor.

Swearengin will only be Mayor of Fresno a few more weeks. She did not run for re-election.