On July 28, Kent Bernbeck, a well-known promoter of various Nebraska initiatives, asked the Eighth Circuit to rehear Bernbeck v Gale, 15-1983, which challenged the county distribution requirement for statewide initiatives. The U.S. District Court had invalidated the county distribution requirement last year, but on July 14, the Eighth Circuit had ruled 2-1 that Bernbeck doesn’t have standing.
By coincidence, on July 29, another Eighth Circuit decision involving standing in election law challenges was issued. The Eighth Circuit ruled 2-1 that the plaintiffs in Missourians for Fiscal Responsibility v Klahr, 15-2172, do have standing to challenge a Missouri campaign finance law. The Missouri law makes it illegal for anyone to form a campaign committee to support or oppose a ballot measure, if the committee is formed less than 30 days before the election. In 2014 Missourians for Fiscal Responsibility organized to support a statewide ballot measure concerning the state budget, but they didn’t form it until October 22, so they were in violation of the law if they spent or raised any money. The group then sued to overturn the law. Because the 2014 election is over, the group dissolved, but wants to carry on its lawsuit to strike down the 30-day limit. Judges William Benton and James B. Loken voted that the group has standing, and also that its lawsuit is ripe. Judge Morris Arnold dissented and says the group doesn’t have standing. Thanks to Rick Hasen for the link.