On April 28, the Sixth Circuit issued an 18-page opinion in Russell v Lundergan-Grimes, 14-6262, holding that Kentucky’s 300 foot “no political speech” zone around polling places on election day is too large. The U.S. District Court had come to the same conclusion last year.

In 1992 the U.S. Supreme Court upheld Tennessee’s 100-foot zone. In 2004, the Sixth Circuit had ruled that Kentucky’s 500-foot zone was too large. Kentucky then amended the law to 300 feet, but that amendment wasn’t good enough. The decision is by Judge Alie Batchelder, a Bush Sr. appointee; it is co-signed by two Bush Jr. appointees, David McKeague and Richard Griffin. Thanks to Rick Hasen for the link.

On April 20, the North Carolina House passed HB 8 by a vote of 69-48. It converts elections for Justice of the Supreme Court, and Judges on State Appeals Courts, from non-partisan elections to partisan elections. These judicial elections had been partisan in the past, but were converted to non-partisan elections effective with the 2004 election.

Other states with partisan judicial races for State Supreme Court are Alabama, Michigan, Ohio, Pennsylvania, and Texas. Michigan and Ohio political parties do nominate judicial candidates, but the ballot omits party labels. West Virginia had partisan elections for those offices, but this year’s legislature converted them to non-partisan elections.

On April 27, the U.S. Supreme Court refused to hear Citizen Center v Colorado Secretary of State, 14-998, which could have resolved whether the U.S. Constitution protects secrecy in voting.

Also on April 27, the U.S. Supreme Court did not decide whether or not to hear O’Keefe v Chisholm, 14-872. This case concerns whether Wisconsin law enforcement officials acted unconstitutionally when they made night raids at the homes of various political activists, allegedly looking for evidence that those activists had coordinated political campaign plans with elected politicians. Here is a story that explains the events that led to the lawsuit. The lead plaintiff, Eric O’Keefe, is a former national director of the Libertarian Party. This case will be considered again at a future conference of the Court.