On July 22, the Virginia Supreme Court, by a vote of 4-3, ruled that Governor Terry McAuliffe is not permitted by the State Constitution to issue a blanket order enfranchising ex-felons. The Constitution gives the Governor power to restore voting rights to ex-felons, but according to the State Supreme Court, he can only do it on an individual basis, examining each individual’s circumstances. The case is Howell v McAuliffe, 160784. Thanks to Rick Hasen for the link.
On July 21, the Libertarian and Constitution Parties filed this brief in the Sixth Circuit, in their Kentucky ballot access case. The issue is Kentucky’s restrictive definition of a qualified party, and Kentucky’s lack of any procedure by which a group can transform itself into a qualified party in advance of any particular election.
Nebraska requires statewide initiatives to have signatures from 5% of the last vote cast from at least 38 of the state’s 93 counties. On July 14, the Eighth Circuit ruled 2-1 that Kent Bernbeck does not have standing to challenge the county distribution requirement. The decision reverses the 2014 U.S. District Court decision that struck down the Nebraska county distribution requirement.
The case is Bernbeck v Gale, 15-1983. Judge Clarence Beam, a Reagan appointee, wrote the decision, which was also signed by Judge Bobby Shepherd, a Bush Jr. appointee. Jane Kelly, an Obama appointee, dissented. The dissent mentions the U.S. Supreme Court decisions that say ballot access laws can be challenged whether the plaintiff tried to get on the ballot or not. There is also an Eighth Circuit opinion that says plaintiffs need not try to petition in order to have standing, which the majority does not mention, although the dissent does. It is very likely that Bernbeck will ask for a rehearing en banc. The majority said he doesn’t have standing because, even though he has been active in promoting various Nebraska initiatives for decades, he didn’t actually try to put a statewide initiative on the ballot recently.
On July 21, U.S. District Court Judge Gershwin A. Drain, an Obama appointee, issued an injunction ordering Michigan to restore the straight-ticket device that the legislature repealed earlier this year. Michigan State A. Philip Randolph Institute v Johnson, e.d., 16-cv-11844.
The order says that eliminating the straight-ticket device harms African American voters disproportionately. The order depends on research that shows African American voters uses the straight-ticket device more than other voters. The decision also says that because Michigan still has party logos on the ballot, there is fear that many voters will assume if they circle the party logo, that has the same effect as using the non-existent straight-ticket device.
The order says restoring the device will not harm any voter or candidate. Unfortunately, this is not true. Research has shown that the presence of straight-ticket devices injures independent candidates, who never have their own straight-ticket device. But the state of Michigan, which was charged with defending the repeal of the device, did not introduce any evidence about that. It is likely that the state will appeal. Thanks to Rick Hasen for the news.
This Suffolk University Poll shows that Donald Trump and Hillary Clinton are tied, if respondents are not asked about any candidates except those two. But when Gary Johnson and Jill Stein are included in the poll, Clinton has a 4-point lead. Currently the Green Party is ballot-qualified in Ohio. The Libertarian Party is not on the ballot, but is hoping the Sixth Circuit will put it on the ballot; the decision is expected in August. In the meantime Johnson is circulating the independent petition in Ohio. Thanks to Political Wire for the link.
