On October 28, the Sixth Circuit reversed a U.S. District Court and reimposed the Michigan ban on photography at polling places. Here is the 2-1 decision in Crookston v Johnson, 16-2490. Judge Jeffrey Sutton, a Bush Jr. appointee, wrote the opinion. It was co-signed by Judge Ralph B. Guy, a Reagan appointee. Judge R. Guy Cole, a Clinton appointee, dissented.

The majority laid great stress on the fact that the lawsuit had been filed so close to the election, and also to the fact that the case had proceeded so fast, there had been no time for a hearing at which the state could have put on evidence. The case will continue after the election is over. Thanks to Rick Hasen for this news.

There is no penalty for anyone who photographs his or her ballot, except that the ballot will be rejected and thus the person loses the chance to vote.

The Constitution, Green, and Libertarian Parties are in the Third Circuit to overturn the state’s new county distribution requirement for statewide petitions for state office. The case law is overwhelmingly strong that statewide petitions cannot have county distribution requirements, because counties are vastly unequal in population.

The state’s brief in defense of the county distribution requirement had been due on October 26, but the state has asked for, and received, an extension to file by November 30. The case is Constitution Party of Pennsylvania v Cortes, 16-3266.

U.S. District Court Judge Liam O’Grady will hear De La Fuente v Alcorn, e.d. 1:16cv-1201, on November 18 at 10 a.m. The issue is whether the state can require candidates for presidential elector (for petitioning candidates) to disclose their full Social Security numbers before the petition may start to circulate.