Federal Government Asks U.S. Supreme Court for a Fifth Extension of Time to Respond to Campaign Finance Case

On April 30, the federal government asked the U.S. Supreme Court for a fifth extension of time in which to respond to National Republican Senatorial Committee v Federal Election Commission, 24-621. Here is the request. This is the case over the federal campaign finance law that limits how much money parties can donate to the campaigns of their own nominees, assuming the party and the candidate are coordinating with each other.

The lower courts had upheld the limits, because the U.S. Supreme Court had upheld them several decades ago. The plaintiff Republican Senatorial Committee hopes to persuade the U.S. Supreme Court to change its mind. The old decision decades ago had been 5-4.

U.S. District Court Stays Mississippi Ruling on When Postal Ballots Must be Received

On April 18, U.S. District Court Judge Louis Guirola issued a stay of the latest ruling in Republican National Committee v Wetzel. This is the case over the deadline for postal ballots to be received in the elections office. The purpose of the stay is to freeze the status quo until the U.S. Supreme Court decides the issue.

Mississippi law says a postal ballot must be postmarked by election day but can be received up to five days after election day. The Republican National Committee had then sued Mississippi, arguing that a 19th century law, setting congressional election day on the first week of November, really means that all ballots must be received by election day. The U.S. District Court had ruled against the Republican National Committee and upheld the state law. But then the Fifth Circuit had reversed, saying Mississippi cannot allow five days after the election for ballots to be received.

Now the state will ask for U.S. Supreme Court review. While that process is underway, the decision is stayed and the statute is still in force.

Free 2024 Elections Return Book is Now Available

The Clerk of the U.S. House has published Statistics of the Presidential and Congressional Election of November 5, 2024. It has the election returns for the general election, for president and both houses of Congress. The Clerk has been publishing a similar book ever since 1920.

Anyone can obtain a free copy by phoning 202-226-5200. It is also available on-line.

U.S. Supreme Court Again Needs More Time to Consider Whether to Hear New York Ballot Access Case

The U.S. Supreme Court has again put off the conference date for Meadors v Erie County Board of Elections, 24-684, the case over the May petition deadline for independent candidate petitions in New York. The original conference date had been April 25, but that had been moved to May 2. Now it has been moved again to an unspecified future date.

Second Circuit Hears Oral Argument on Ballot Labels Case

On April 29, the Second Circuit heard oral argument in Walden v Kosinski, 25-764. The issue is the 2022 New York law that makes it illegal for an independent candidate to choose the ballot label “Independence.” The plaintiff is a candidate for Mayor this year and is petitioning to be on the November ballot under that name.

The three judges are Alison Nathan, Gerard Lynch (Obama appointees) and Eunice Lee (Biden). The argument lasts 47 minutes. Anyone can hear the oral argument using this link. Click on “2025”. Then click on “25-76” on the left, in the fourth line labelled Walden v Kosinski.