Plaintiffs in Illinois Ballot Access Lawsuit File Brief

On September 19, the plaintiffs in the Illinois ballot access lawsuit filed this brief. Team Kennedy v Illinois State Board of Elections, n.d., 1:24cv-7027. The plaintiffs are trying to overturn the law that won’t let individuals circulate a minor party or independent candidate petition if they had earlier in the year circulated a petition for someone running in a primary. The plaintiffs are also fighting the state’s claim that the lawsuit is moot.

Besides Robert F. Kennedy Jr’s campaign, the plaintiffs include an independent candidate for U.S. House, and the Illinois Libertarian Party.

Republican National Committee Asks for Rehearing in Third Circuit in Pennsylvania Case Over Dates on Outer Envelopes

On September 9, the Republican National Committee asked for a rehearing in the Third Circuit in Eakin v Adams County Board of Elections, 25-1644. This is the lawsuit over the much-litigated Pennsylvania law that says a postal ballot voter must include the date the voter put the ballot in the mail on the outer envelope. No other state has such a law. The Third Circuit had invalidated the law because the panel did not believe the requirement serves any purpose. When postal ballots arrive in Pennsylvania elections offices, each envelope is date-stamped.

The panel decision had been 3-0, and the judge who signed the opinion is a Republican appointee, Judge D. Brooks Smith. But Smith is not a full-time judge, so he can’t vote on the rehearing request. The Third Circuit has thirteen full-time judges, including seven appointed by Republican presidents, and six appointed by Democratic presidents. The issue seems to be a partisan issue, so the rehearing vote is likely to be close. Here is the request for rehearing.

North Dakota Files Brief in U.S. Supreme Court in Redistricting Case

On September 19, North Dakota filed this brief in Turtle Mountain Band of Chippewa Indians v Howe, 25-253. This is a case over legislative redistricting. The Eighth Circuit had said the lawsuit couldn’t proceed because it had started when the Turtle Mountain Band had filed under the federal Voting Rights Act, section 2, but that the Eighth Circuit thought that private groups can’t file under that law; only the federal government could institute such lawsuits. No Circuit had ever before come to that conclusion.

The North Dakota brief acknowledges that the U.S. Supreme Court will need to settle this important issue, but suggests that the Court should not take this case. But it says if the Court does take it, he hopes the Court will decide by December 31, 2025, whether to take it, because the state needs to know in order to prepare for the 2026 election.