Arnold Schwarzenegger Says He Won’t Vote for Donald Trump for President

According to this story, former California Governor Arnold Schwarzenegger has said publicly he won’t vote for Donald Trump for President, even though Schwarzenegger has always before voted for the Republican nominee for President. Schwarzenegger doesn’t say who he will vote for.

This is ironic, because Schwarzenegger was one of the biggest backers of the California top-two system. The California top-two system has no effect on presidential elections in California or any other state. But if the California top-two system did control California presidential elections, then voters would be forced to vote for either Hillary Clinton, or Donald Trump, or else to skip voting entirely. Thanks to Carla Marinucci for the link.

New Mexico Supreme Court Hears Argument in Open Primary Case

New Mexico has closed primaries. On October 24, the New Mexico Supreme Court heard arguments in Crum v Duran, SISC 36030. The plaintiffs are independent voters who say the state constitution protects their right to vote in any partisan primary. The State Constitution says, “Article VIII, sec. 1. Every person who is a qualified elector pursuant to the constitution and laws of the United States and a citizen thereof shall be qualified to vote in all elections in New Mexico, subject to residency and registration requirements.”

The problem with using this part of the State Constitution is that primary elections technically aren’t elections. They are devices by which parties choose their nominees. No one who wins a partisan primary is thereby “elected”. According to this news story, the State Supreme Court didn’t seem very supportive of the lawsuit. But, there is no decision yet.

U.S. District Court Enjoins Michigan Ban on Photographing a Voted Ballot

On October 24, U.S. District Court Judge Janet Neff, a Bush Jr. appointee, enjoined the Michigan law that makes it a crime for anyone to photograph his or her own voted ballot. The Michigan law is more severe than similar laws in other states. The mere act of snapping the picture is a crime, even if the photographer doesn’t show the picture to anyone else. Furthermore it is illegal in Michigan for anyone except institutional media to even use a cell phone inside a polling place.

The case is Crookston v Johnson, w.d., 1:16cv-1109. Here is the decision. The state argued that the injunction should not be granted because the lawsuit was filed too close to the election. It was filed September 9, 2016. The court did not agree that the case had been filed too late. Thanks to Rick Hasen for the link.

Pennsylvania Republican Party Sues to Overturn Residency Requirement for Poll Watchers

On October 21, the Pennsylvania Republican Party sued in federal court to overturn a state law that says poll workers cannot work outside their home county. Poll watchers are authorized by state law to be present at polling places, but no one may be a poll watcher in a county other than the watcher’s home county. The Complaint says poll watchers engage in core political speech protected by the First Amendment. Republican Party of Pennsylvania v Cortes, e.d., 16cv-5524. The case is assigned to U.S. District Court Judge Gerald Pappert, an Obama appointee.

The Republican Party brief, asking for a preliminary injunction, does not mention any of the recent court precedents in Pennsylvania striking down laws on residency requirements for petitioners.

Two Voters Sue Colorado to Invalidate Law that Criminalizes Photographing One’s Own Voted Ballot

On October 24, two Colorado voters filed a federal lawsuit to overturn the state law that makes it illegal for any voter to photograph his or her voted ballot and show that to anyone else. Hill v Williams, U.S. District Court, 1:16cv-2627. Here is the Complaint. Similar laws in Indiana and New Hampshire have recently been struck down as a violation of the free speech portion of the First Amendment. Thanks to Rick Hasen for the link.