On February 9, the plaintiffs in Harris v McCrory filed this twenty-page response in U.S. District Court, setting forth reasons why last week’s redistricting decision should not be stayed. The brief is quite forceful in blaming the state for the fact that the primary election is too close in time to allow for new U.S. House districts. The brief points out that late last year, the legislature moved the congressional primary from May to March, knowing at the time that the U.S. House districts might need to be redrawn. Thanks to Rick Hasen for the link.
On February 9, the Virginia House Elections Subcommittee killed HB 82 on a voice vote. The bill would have eased the definition of “political party” from a group that polled 10% at either of the last two statewide elections, to 5%. It appears that all the Republicans voted against the bill and all the Democrats voted in favor. The sponsor, Delegate Sam Rasoul, is a Democrat. Thanks to Nicholas Cote for the news.
On February 9, U.S. District Court Judge Andrea Wood said she will issue an opinion in Libertarian Party of Illinois v State Board of Elections within 24 hours. This is the case, filed in 2012, that challenges the unique Illinois law that says newly-qualifying parties (but not old parties) must run a full slate of candidates.
For example, if a new party wants to petition for statewide office, it must run nominees for all the statewide offices. If it wants to run candidates for county executive office, it must run for all of them. Some of the offices require that the nominees be attorneys, so the law effectively requires a new party to have attorneys who are willing to be candidates. No other state has ever had a law like this Illinois law. The Illinois law has existed since 1933.
On February 8, the Virginia Senate passed SB 686 by 34-5. It prohibits political parties from requiring a sign-in sheet before a voter votes in a primary that is administered by the government. The bill has an emergency clause, so if it is signed into law, it takes effect immediately. However, the Republican Party has already cancelled its earlier request that voters who request a Republican ballot must sign a statement that they consider themselves a member of the party, so the bill won’t have any practical effect this year.
On February 3, David Librace, an independent candidate for president from West Helena, Arkansas, filed a federal lawsuit against the Arkansas Secretary of State. The lawsuit argues that Ted Cruz and Marco Rubio are not eligible to be on the Republican presidential primary ballot. The case is Librace v Martin, e.d., 4:16cv-57.