New Oklahoma Registration Data

The Oklahoma State Election Board has released new voter registration data. The percentages: Republican 45.61%; Democratic 39.71%; independent and miscellaneous 14.52%; Libertarian .17%.

At the January 15, 2016 tally, the percentages were: Republican 43.65%; Democratic 43.48%; independent and miscellaneous 12.88%. There was no Libertarian tally at that time. The state started tallying Libertarians for the first time this year in April, when there were 344 Libertarians. Now there are 3,599 Libertarians. The state is still tallying Americans Elect, and there are eleven voters registered that way. Those voters will soon be converted to independents, no matter what those voters want.

The legislature passed SB 1019 in 2016, authorizing the State Election Board to remove the names of all parties from the voter registration form. The applicant would write in the name of the desired party. However, the bill doesn’t require the Board to remove the names of parties, and the Board has chosen to keep the names of the qualified parties on the form.

U.S. District Court Rules that Illinois Does Not Violate Equal Protection by Sending Absentee Ballots to U.S. Citizens Who Live in American Samoa while Refusing Citizens Who Live in Puerto Rico

On October 28, U.S. District Court Joan Gottschall issued her opinion in Segovia v Board of Election Commissioners for Chicago, n.d., 15c-10196. The plaintiffs are U.S. citizens who live in Puerto Rico, Guam, and the U.S. Virgin Islands. Even though they are citizens who formerly lived in Illinois, the state will not furnish them with overseas absentee ballots. But, due to an outdated Illinois law, former Illinois residents who are citizens and who move to American Samoa may receive Illinois overseas absentee ballots.

The 18-page decision says there is a rational reason for the Illinois policy.

Michigan Voters Fighting Photography Ban at Polls ask for Rehearing En Banc; Court Asks for a Response

On October 31, the Michigan voters fighting the ban on photography at a polling place ask for an en banc review in their lawsuit, Crookston v Johnson, 16-2490. A few hours later, the court asked the state to respond. The state’s response is due November 1 at 3 p.m. central time. The original 3-judge panel had kept the ban in place, by a 2-1 vote. Thanks to John Anthony LaPietra for this news.

Ohio Libertarian Party Asks U.S. Supreme Court to Evaluate 2013 Ballot Access Law

On October 26, the Ohio Libertarian Party filed this cert petition in the U.S. Supreme Court. The case is Libertarian Party of Ohio v Husted, 16-580. It argues that the 2013 revision of the ballot access laws for newly-qualifying parties is unconstitutional. The case has two main issues: (1) whether it is unconstitutional for a state to provide a means for old established parties to obtain a list of their members, while denying this benefit to newly-qualifying parties; (2) whether the actors who caused the party to have no gubernatorial nominee in 2014 should be considered state agents.

This case is distinct from the party’s case in state court, which argues that the 2013 ballot access law violates the State Constitution.