Tenth Circuit Refuses to Stay the May 2016 Ruling that Said Kansas Must Register Voters who Didn’t Provide Documents Proving Citizenship

On June 10, two judges of the 10th circuit refused a request by the Kansas Secretary of State to stay a ruling of the U.S. District Court from May 17, 2016. The U.S. District Court had ruled last month that Kansas must register applicants at the Department of Motor Vehicles who signed under penalty of perjury that they are citizens, but who didn’t provide documents proving citizenship.

The Secretary of State had asked for a stay of the May ruling, but the 10th circuit refused a stay. The 10th circuit also expedited the state’s appeal. There were already 18,000 applications to register to vote that had not been processed, and it is estimated that there will be tens of thousands of additional applications during the next few months. The state had argued for a stay on the grounds that it would be a heavy burden to process all these voter registration applications.

The U.S. District Court who had issued the opinion is Julie Robinson, an appointee of George W. Bush. The two 10th circuit appeals judges who refused to disturb her ruling are Mary Briscoe, a Clinton appointee, and Jerome Holmes, another Bush Jr. appointee.

The voters who registered at the Motor Vehicles Department used the federal form, so they can only vote for federal office. Other litigation, on whether such voters must be allowed to vote in state and local elections, is pending.

Illinois Initiative for Independent Redistricting Commission Has Enough Valid Signatures

On June 13, Illinois election officials said the initiative for an independent redistricting commission has enough valid signatures. It needed 290,216. A state court in Chicago will hear a challenge to the substance of the initiative on June 30. The Illinois Constitution does not permit statewide initiatives except on subjects that pertain to the legislature. Opponents of the initiative will try to persuade the court that this initiative does not qualify. See this Chicago Sun-Times editorial.

Procedural Win In Maryland Ballot Access Case

On June 13, U.S. District Court Judge George L. Russell, an Obama appointee, issued a ruling in Dorsey v Lamone, 1:15cv-2170. This is a challenge to Maryland’s law that requires a statewide independent candidate to obtain 40,603 signatures this year, whereas new parties in Maryland only need 10,000 signatures. Judge Russell denied the state’s request to dismiss the case. Now there will be a trial, or at least some method of introducing facts into the case. The judge specifically wants to know how many statewide independent candidates have qualified in Maryland in recent years. The answer is only one, S. Rob Sobhani, for U.S. Senate in 2012.