Sixth Circuit Asks Michigan Supporters of the Straight-Ticket Device to File a Brief by August 15

The Sixth Circuit has asked proponents of a straight-ticket device to file a brief by Monday, August 15, in the lawsuit over whether the U.S. Constitution requires Michigan to have a straight-ticket device. The U.S. District Court had ruled that Michigan cannot repeal the device because removing the device injures black voters. The case is Michigan State A. Philip Randolph Institute v Johnson.

Another pending Michigan ballot access lawsuit that must be settled before ballots are printed is the case in state court, over whether the marijuana initiative has enough valid signatures. The initiative does have enough valid signatures (almost certainly) if all their signatures may be submitted. But the state rejected some of the signatures because they had been collected outside the 6-month window. The 6-month window was not actually in the law when the proponents started collecting their signatures; it was a regulation only. But the legislature passed a law setting the 6-month limit after the petition began to circulate.

California Deadline for Independent Presidential Candidates Passes

August 12 is the California deadline for independent candidate petitions. Because California has a top-two system, independents may no longer petition to get on the November ballot, except for President. The statewide petition requires 178,039 signatures. No one submitted such a petition, except that Rocky De La Fuente submitted approximately 2,000 signatures. He is suing California in federal court over the deadline and the number of signatures. No one has completed the California independent presidential petition since 1992. De La Fuente is the first presidential candidate to challenge the California independent petition, which was written in 1976. The law before 1976 was even more difficult, and Gus Hall, the Communist Party presidential nominee, challenged the old law in 1972 and got the law improved somewhat.

Illinois Asks for Third Extension of Time to File Brief In State Appeal of Libertarian Full-Slate Lawsuit

Earlier this year, a U.S. District Court in Illinois struck down the law requiring newly-qualifying parties to file a full slate of candidates. The state filed a notice of appeal, but has now asked for an extension of time to file its brief three times. The court has given the state until September 16 to file.