On June 23, the U.S. Supreme Court rejected an attempt by Virginia state government to derail a new type of attack on the state’s ban on ex-felon voting. In 1870, when Congress passed a bill readmitting Virginia to the union, it included a provision that Virginia’s Constitution “must never be changed so as to deprive any citizen or group of citizens the right to vote”, except that it said Virginia could continue to bar voting by persons who had committed a common law felony.

Back in 1870, there were no drug laws. Two Virginia voters, who had been convicted of a drug felony, brought a federal lawsuit saying that because their crimes were not felonies in 1870, therefore under the terms of the readmission act, Virginia could not deprive them of the ability to vote. The lower courts agreed to let the case move forward. Virginia tried to get the U.S. Supreme Court to short-circuit the lawsuit, saying that the 1870 readmission law cannot be enforced by a lawsuit brought by individuals. But the U.S. Supreme Court refused Virginia’s request.

If the lawsuit eventually wins, similar lawsuits will probably be brought against several other southern states whose re-admission law had a similar provision. The case is O’Bannon v King, 24-964.

According to Everett DePangher of ASP, major items on the agenda include a decision on whether to change the presidential nomination from a membership popular vote to a delegate vote at a national convention, the possibility of switching to a proportional representation system for the election of members of the National Committee (the Party’s governing body) instead of the current vote on individual seats; and the election of National Committee members.

On June 20, the U.S. Court of Appeals, D.C. Circuit, issued an opinion in Hall v D.C. Board of Elections, 24-7050. It says that citizen-voters in the District of Columbia do have standing to challenge a D.C. ordinance passed by the City Council that lets non-citzen residents vote in local elections. Here is the opinion. It is by Judge J. Raymond Randolph, a Bush Sr. appointee. It is also signed by Judges J. Michelle Childs (Biden appointee) and Cornelia Pillard (Obama).

The U.S. District Court had ruled that the voters do not have standing.