On November 7, New Hampshire state attorneys filed this six-page brief in Libertarian Party of New Hampshire v Gardner, 1:14cv-322. The issue is New Hampshire’s new law making it illegal for a group to circulate the petition to become a qualified party in an odd year. The state argues that the case should be dismissed without collecting and evaluating evidence in the case.
Roll Call here lists nine U.S. House races in which the winner is not yet definitely settled. Roll Call also lists the Alaska U.S. Senate race as not finally determined. Thanks to PoliticalWire for the link.
According to this story, an Oklahoma election law that won’t even be in effect starting January 1, 2015, may force Oklahoma to hold a special U.S. House election early in 2015. The Democratic Party nominee died shortly before the general election, and according to the law in effect in 2014, it appears that therefore a special election must be held, even though the Republican Party nominee polled 70% of the vote.
The Star Tribune, Minnesota’s largest newspaper, has this editorial about the recent election. The bottom third of the article praises ranked-choice voting, used in Minneapolis, and contrasts it to the dismal results of the normal U.S. election system. Thanks to Bob Richard for the link.
On November 7, the Tenth Circuit ruled 3-0 that Kansas and Arizona cannot require the U.S. Election Assistance Commission to modify the federal voter registration forms that are used in those two states. Kobach v U.S. Election Assistance Commission, 14-3062. Here is the 29-page opinion. The most interesting parts start on page 18.
The federal voter registration form asks registrants to sign under penalty of perjury that they are citizens. Kansas and Arizona don’t believe that is sufficient, and they want the federal forms used in their states modified to tell applicants that they must attach proof of citizenship. The U.S. District Court in Kansas had ruled that if the states want that change made, the Election Assistance Commission must comply.
Article One of the U.S. Constitution gives congress the right to write election laws for congressional elections. States may set voter qualifications, but congress has the right to modify how congressional elections are run. Page 20 finds that the content of the form is related to how elections are run, not on which individuals are qualified to vote.
The decision says the Election Assistance Commission already held extensive evidence-gathering on whether the forms need to be modified, and that the Commission made no clear error when it sifted through the evidence and concluded the alternation is not needed. The decision is by Judge Carlos Lucero, a Clinton appointee, and co-signed by Judge Jerome Holmes, a Bush Jr. appointee, and Judge Gregory Phillips, an Obama appointee. Thanks to Rick Hasen for the link.
