One Unit of Virginia Republican Party Files Lawsuit Against New Law Making it Very Difficult for Parties to Nominate by Convention

Posted on by April 18, 2025
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On April 8, the Republican Party of Lynchburg, Virginia, filed a federal lawsuit against a new law that makes it almost impossible for a qualified party to nominate by any means other than government-administered primary. Lynchburg Republican City Committee v Virginia Department of Elections, w.d., 6:25cv-29. Here is the Complaint, which challenges a law that took effect last year that requires parties to nominate by a means that allows absentee voting. The lawsuit complains that in practice, a party that wants to nominate by party meeting simply can’t comply with the new law.

The case is assigned to U.S. District Court Judge Norman K. Moon, a Clinton appointee.

Common Cause Dismisses Its Longstanding Lawsuit on Exclusion of Independent Voters From Serving on an Election Board

Posted on by April 17, 2025
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On March 18, Common Cause dismissed its very old lawsuit against the North Carolina law that prevents an independent voter from ever serving on a county election board, or on the state election board. Common Cause v Moore, m.d., 1:22cv-611. It had been filed in 2022. A precedessor lawsuit on the same subject had been filed in 2018. No decision was ever reached in either case.

Fifth Circuit Won’t Rehear Mississippi Decision on When Postal Ballots Must be Received

Posted on by April 17, 2025
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This is somewhat old news, but was not previously reported. On March 14, 2024, the Fifth Circuit voted 10-5 not to rehear Republican National Committee v Wetzel, 24-60395. The original panel had voted that Mississippi was breaking federal law when it allowed mailed ballots to be counted even though they had not been received in the elections office by election day. The original panel said the 19th century federal law that tells the states they must hold congressional elections on the first Tuesday after the first Monday of November means that all ballots must be received by election day.Here is the order denying rehearing. The Fifth Circuit decision is at odds with virtually every other lawsuit on this subject.

It is extremely likely that case will be appealed to the U.S. Supreme Court.

North Dakota Governor Signs Bill Banning Approval Voting

Posted on by April 18, 2025
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On April 16, North Dakota Governor Kelly Armstrong signed HB 1297, which bans Approval Voting and ranked choice voting. Fargo has been using Approval Voting for four years, but now it can’t use that system any more.

A similar bill had been vetoed two years ago but the previous Governor.

Fifteen states, all with Republican-majority legislatures, have now banned ranked choice voting. The others are Alabama, Florida, Idaho, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Oklahoma, South Dakota, Tennessee, West Virginia, and Wyoming.