Virginia Delegate to Republican National Convention Sues to Overturn State Law Binding his Vote

On June 24, Carroll Correll, a Virginia delegate to the Republican national convention, filed a lawsuit to overturn a Virginia law that requires delegates to presidential conventions to vote for the candidate who received the most votes in the Virginia presidential primary. Correll v Herring, e.d., 3:16cv-467. The law says, “Delegates shall be bound to vote on the first ballot at the national convention for the candidate receiving the most votes in the primary unless that candidate releases those delegates and alternates from such vote.”

Correll says he does not wish to vote for Donald Trump, who received the most votes in the Virginia Republican primary. Correll says he is afraid Trump will sue him if he doesn’t vote for Trump.

Generally, laws such as this law are ignored. Delegates in reality obey national party rules, not state laws that attempt to tell them how to behave at the national convention. The Correll Complaint acknowledges this indirectly, when it points out that party rules don’t permit winner-take-all results anyway, for states that have presidential primaries as early as March 1, which Virginia does. So already the law isn’t being obeyed. The U.S. Supreme Court, ever since 1972, has issued several rulings that state laws cannot control the actions of national presidential conventions.

Many of the arguments that Correll makes would logically apply equally to certain state laws that try to tell presidential electors whom they must vote for.

Pennsylvania Minor Parties Notify U.S. District Court that HB 342, the New Ballot Access Bill, is Flawed

On June 24, the three Pennsylvania parties who are suing over Pennsylvania ballot access sent this letter to the judge, pointing out constitutional problems with the new ballot access bill that passed the Senate on Friday, June 24. The letter has already been seen by attorneys for the state, and probably the bill will be amended in a favorable manner.

Chair of Canada’s Study Commission on Alternative Voting Systems Seems Favorable to Proportional Representation

Francis Scarpaleggia is head of the Canadian government’s national commission to study alternative voting systems. He is also chair of the national Liberal Party caucus. According to his web page, he seems favorable to proportional representation. He writes that the goal of the commission is to create a system “so that the distribution of seats in the House of Commons better reflects each party’s share of the popular vote.”

Libertarian National Committee & Kentucky Libertarian Party Submit Amicus in Ohio Ballot Access Case

On June 24, the Libertarian National Committee and the Kentucky Libertarian Party filed this amicus brief, in the pending Sixth Circuit Ohio Libertarian ballot access case. The amicus devotes the first section to clearly explaining that officials of Ohio state government actively and closely coordinated with the Republican Party of Ohio and the John Kasich re-election campaign, to keep the Ohio Libertarian candidate for Governor off the primary ballot. The next section focuses on a constitutional infirmity of the 2013 ballot access law. It requires new parties to meet the vote test at the first opportunity. But old parties have two elections to meet the vote test. The Sixth Circuit already ruled that is unconstitutional, in the Tennessee Green Party case.