Disputed New York State Senate Election Now Resolved after Five-Week Recount

Posted on by December 16, 2016
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On December 16, a recount determined that New York State Senate Democratic nominee John Brooks defeated the Republican incumbent, Senator Michael Venditto. See this story, concerning the result in District Eight in Nassau County.

Brooks and Venditto had been the only two candidates on the ballot. Brooks also had the nomination of the Working Families and Women’s Equality Parties. Venditto also had the nomination of the Conservative, Independence, and Reform Parties; also he did his own separate independent petition under the label “Tax Revolt.”

New York’s Senate has 63 members, and as a result of the recount, there are now 32 Democrats, a majority. However, one Democrat is expected to vote with the Republicans to organize the Senate. If Democrats win control of the State Senate, they are very likely to move the primary for state office from August to June. Unfortunately, Democratic bills to make that change irrationally move the independent candidate petition deadline from August to June as well.

Both Lawsuits on Presidential Debates Will See Action in January 2017

Posted on by December 15, 2016
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Two lawsuits regarding general election presidential debates are pending. Level the Playing Field v FEC will be heard in U.S. District Court in Washington, D.C., on January 5 at 10 a.m.. That was the first debates lawsuit to be filed, and it is based on campaign finance law. It has not yet had any type of decision.

The second debates lawsuit, Johnson v Commission on Presidential Debates, is now in the U.S. Court of Appeals, D.C. Circuit. It is based on anti-trust law and has already lost in U.S. District Court. The opening brief for Gary Johnson and Jill Stein in the D.C. Circuit is due January 31, 2017; the Commission’s brief is due March 2, 2017.

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

Posted on by December 15, 2016
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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.