Illinois Supreme Court Keeps Redistricting Initiative Off the Ballot

On August 25, the Illinois Supreme Court issued an opinion in Hooker v Illinois State Board of Elections, 2016 IL 121077. The Court, by a vote of 4-3, said that the statewide initiative for a nonpartisan redistricting commission may not be on the ballot, even though it had enough valid signatures. The Illinois Constitution provides for the statewide initiative but severely constrains the subject matter of such initiatives.

Here is the decision. The dissents are extremely passionate, eloquent, and critical of the majority opinion. Thanks to Thomas Jones and Rick Hasen for this news.

Texas Republican Presidential Elector Candidate Says, if Elected, He May Not Vote for Donald Trump

Chris Suprun, a Texas Republican candidate for presidential elector, says if elected in November, he may not vote for Donald Trump in December. See this Politico story. Thanks to PoliticalWire for the link.

This story, and similar stories, often point out that some states have laws telling presidential electors that they must vote for the presidential candidate they had said they would vote for. These stories never point out that these laws are unenforceable. A presidential elector has the constitutional right to help choose the President, regardless of any state law. A state may punish such an elector, but a state can’t tell him or her how to vote.

Three states say that presidential electors who are “faithless” are deemed to have resigned, and are instantly replaced by the other electors from that state. But if the entire state delegation casts “faithless” votes, that law won’t work, because then that state wouldn’t have any electors.