Lawsuit Filed to Overturn Missouri Law that Criminalizes Anonymous Handbills Commenting on Candidates

On March 18, an anonymous individual filed a federal lawsuit against a Missouri law that makes it a crime for anyone to circulate a handbill commenting on a candidate for public office, if the handbill doesn’t identify the person paying for the literature.  John Doe v Weedman, w.d., 2:15cv-4054.

The plaintiff wants to circulate literature for the April 7 election for Ferguson city council.  He wants to criticize one candidate, and advocate the election of an opposing candidate.  “John Doe” wants to criticize a candidate who is currently a prosecutor and a judge, and “John Doe” is afraid that if his name is on the handbill, that might have bad consequences for himself.  The case is filed in the western district because it contains the state capital and the lawsuit challenges a state law.  The case is assigned to Judge Dean Whipple, a Reagan appointee.  Thanks to the Center for Competitive Elections for this news.  Here is the complaint.

U.S. Supreme Court Invalidates Alabama’s 2011 Legislative Redistricting Plan

On March 25, the U.S. Supreme Court ruled 5-4 that Alabama’s current legislative redistricting plan is invalid.  Here is the decision in Alabama Legislative Black Caucus v Alabama.  The decision is by Justice Stephen Breyer.  After the 2010 census, the legislature’s redistricting plan in 2011 included 8 State Senate districts with a Black majority, and 27 House districts with a Black majority (out of 35 State Senate districts and 105 House Districts).  The Legislative Black Caucus and the Alabama Democratic Conference sued, arguing that many of the Black-majority districts contained too many Black voters (many were over 70% Black).  The Black Caucus and Democratic Conference argued that a better plan would have spread them out somewhat so that Black voters would have had influence in a larger number of districts.

There are also other complicated aspects of the case, relating to Alabama’s policy of letting legislators from a particular county have decision-making power over county government for that particular county.  The groups that filed the lawsuit especially objected to the legislative redistricting plan for Jefferson County, in which the county was split into eleven different state house districts, giving each of those eleven house members power in Jefferson County government, even though many of them only represented a tiny slice of Jefferson County.

The U.S. Supreme Court decision also faults the lower court (which had upheld the districts) for denying standing to one of the groups that filed the lawsuit.  It is now somewhat likely that Alabama will hold legislative district elections in 2016.  Normally, Alabama elects all its state legislators, for both houses, to four-year terms in midterm years, and there are no legislative elections in presidential years.  UPDATE:  see this analysis of the decision by Rick Hasen.

Oklahoma Policy Institute Releases Message Urging Support of Five Election Law Bills, Including Ballot Access Bill

The Oklahoma Policy Institute has released this message, urging support for five particular election law bills that have already made some headway in this year’s legislative session.  The Institute urges people to ask their legislators to support the bills.

The bills are HB 2181 (ballot access), SB 313 (on-line voter registration), SB 315 (provision for a roster of permanent absentee voters), SB 173 (to let notary publics to notarize up to 100 absentee ballots instead of just 20), and SB 312 (consolidating election dates to only four per year).

Here is the text of the message.  Thanks to John Koza for the link.  The Senate Rules Committee will probably take up the ballot access bill in two weeks.  It has already passed the House.

Washington Post Reporter Discusses “Natural-Born” in Connection with U.S. Senator Ted Cruz

Aaron Blake has written this article about the fact that U.S. Senator Ted Cruz was born in Canada to a Cuban father and a U.S. citizen mother.  The article discusses the part of Article II that says presidents must be “natural-born.”  Thanks to Thomas Jones for the link.

Although the article asserts that U.S. Senator John McCain was born in the Panama Canal Zone, there is strong evidence that he was born in Colon, Panama, which was never part of the Canal Zone although it was virtually surrounded by the Zone.

UPDATE:  see this U.S. News & World Report story about the issue.  Thanks to Bill Van Allen for that link.

Florida Top-Two Proponents File Text of Proposed Constitutional Amendment

Florida proponents of a top-two system have filed a proposed initiative constitutional amendment with the Secretary of State.  This link contains the form of the petition and the wording of the proposal.  The proponents include attorney Glenn Burhans, Jr., of Tallahassee, and Andrew Jones.  Thanks to Richard Moroney for the link.