Sixth Circuit Says It Can’t Now Put Libertarian Party on Ohio Ballot Because of Procedural Problems

Posted on by December 9, 2015
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On December 9, the Sixth Circuit issued a three-page order in Libertarian Party of Ohio v Husted, 15-4270. The party had asked the Sixth Circuit for an injunction, putting it on the ballot for the 2016 election. The grounds (in the Sixth Circuit) are that the 2013 ballot access law violates the State Constitution.

The Sixth Circuit says it has no jurisdiction in this case now. The U.S. District Court still hasn’t ruled on another argument in the case, that Ohio applied its campaign finance laws in 2014 in a discriminatory fashion to block ballot access. The Sixth Circuit order says the party must wait for the U.S. District Court to rule.

Working Families Party Announces Results of its Internet Poll on Who Should be the Democratic Nominee

Posted on by December 8, 2015
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On November 30, the Working Families Party set up a webpage to let anyone who visits that web page vote on whether the WFP should endorse Bernie Sanders, Hillary Clinton, or Martin O’Malley. The voting was to continue for a week.

On December 8, the party announced the results. Sanders easily won, with 87% of the total vote. The WFP will now do what it can to help Sanders become the Democratic nominee. This is the first time the WFP has made a presidential endorsement before the Democratic Party chose a nominee. See this New York Times story. Thanks to Darryl Perry for this news.

Tucson Republican City Council Candidates Lose Lawsuit to be Declared the Winners

Posted on by December 8, 2015
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On December 7, a state trial court in Arizona upheld the November 2015 Tucson election returns for city council. See this story. Republican nominees in two districts had argued they should be seated. Tucson has partisan elections, in which nominations are made inside each ward, but then the nominees run citywide. The Ninth Circuit had invalidated that system last month, but the new ruling says despite the Ninth Circuit ruling, that is no reason to invalidate the election. A rehearing is pending in the Ninth Circuit.

U.S. Supreme Court Hears Evenwel v Abbott, on Meaning of “One Person, One Vote”

Posted on by December 8, 2015
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On December 8, the U.S. Supreme Court heard arguments in Evenwel v Abbott, 14-940. Here is a summary of the argument from Scotusblog. The issue is whether legislative districts should have equal numbers of residents, or equal numbers of eligible voters. The tradition in the U.S. for the last 50 years has been equal numbers of residents, including children and adults not permitted to register to vote, such as aliens.

Here is the transcript of the oral argument. Thanks to Rick Hasen for that link.

U.S. Supreme Court Issues First Election Law Decision of the Term, Concerning Procedure in Redistricting Cases

Posted on by December 8, 2015
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On December 8, the U.S. Supreme Court put out its first full election law decision of the current term. Here is the decision in Shapiro v McManus, 14-990. It is unanimous. The case had been argued November 4.

The plaintiffs had filed a lawsuit against Maryland’s U.S. House redistricting, arguing that it represented a severe gerrymander by Democrats and was thus unconstitutional under the First Amendment. Federal law says challenges to redistricting deserve a 3-judge U.S. District Court, unless the case is wholly unsubstantial. The U.S. District Court single judge had ruled that the Shapiro case is too insubstantial to merit a 3-judge court. The Fourth Circuit then agreed with the single judge in the U.S. District Court.

The U.S. Supreme Court reversed both of the lower courts, and said the case does deserve a 3-judge court. Now the U.S. District Court in Maryland will be required to convene a 3-judge court to hear the case.