U.S. Supreme Court Won’t Intervene in Eric O’Keefe Case

Posted on by May 18, 2015
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On May 18, the U.S. Supreme Court refused to hear O’Keefe v Chisholm, 14-872. Wisconsin state courts will now continue to determine whether the Wisconsin Club for Growth illegally coordinated campaign spending strategy with Governor Scott Walker during the campaign to recall him.

See this story, which gives background for the case. Individuals and groups who are the target of the investigation had asked the federal courts to protect them from the methods used in the investigation. The lead plaintiff in the federal case, Eric O’Keefe, is a former national director of the Libertarian Party.

North Carolina Supreme Court Expedites Redistricting Lawsuit

Posted on by May 18, 2015
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The North Carolina Supreme Court has expedited the lawsuit Dickson v Rucho, 201 PA 12-3. All briefs will be in by July 27, and the oral argument will be on August 31. The issue is whether the U.S. House and legislative districts violate the 14th amendment. Opponents of the redistricting plan argue that the legislature packed too many African-American voters into certain districts, which reduces their influence in too many other districts. Thanks to the Brennan Center for this news.

Congressional Bill to Require All States that Have More than One U.S. House Seat to Have Independent Redistricting Commissions

Posted on by May 18, 2015
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Congresswoman Zoe Lofgren (D-California) has introduced HR 2173, which would require all states that have more than one member of the U.S. House to have independent redistricting commissions to draw U.S. House district boundaries. Here is the text of the bill. It has 27 co-sponsors so far, all of them Democrats.

The Commission in each state would have 12 members. Four would be members of the largest party, four would be members of the second-largest party, and four would be all other voters. The chair would be a member of the latter group. The commissions could not consider the voting history of any region of the state, nor the party registration data, when they draw the lines. Also they could not take into account the residence of any incumbent member of Congress.

If the U.S. Supreme Court rules this month or next month that states cannot have independent redistricting commissions established under state law, and that only the state legislatures can draw the boundaries, this bill would still be constitutional because the same part of the U.S. Constitution (Article One, section four) gives Congress the power to override state election laws concerning congressional elections. Thanks to the Brennan Center for this news.

Arkansas Independent Candidate Files Motion for Summary Judgment in Lawsuit Over Petition Deadline

Posted on by May 17, 2015
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On May 13, Mark Moore, who had tried to be an independent candidate for state office last year in Arkansas, filed a brief that argues that the new petition deadline for non-presidential independent candidates is so early, it is unconstitutional as a matter of law. In 2013 the legislature had moved that deadline from May to March. The Arkansas primary in 2014 was in May.

Moore’s brief points out that the non-presidential independent deadline has already been declared unconstitutional three times in the past, and once the U.S. Supreme Court even summarily affirmed the decision. If Judge James M. Moody agrees that the case can be settled without a trial, then the trial set for July won’t be needed.

The three decisions in the past that struck down early petition deadlines for Arkansas non-presidential independents were in 1975, 1977, and 1988. The 1977 decision, Lendall v Jernigan, was affirmed by the U.S. Supreme Court.