Tucson Will Ask Ninth Circuit to Rehear Case over City Council Election System

On November 17, the Tucson city council voted to ask the Ninth Circuit to rehear the case over the city’s system for electing councilmembers. Tucson holds partisan elections for city council. The Tucson system has partisan primaries in districts, and then the nominees run in the general election at-large. The Ninth Circuit ruled 2-1 that the system violates Equal Protection. See this story.

Governor John Kasich Asks NBC for Equal Time

Ohio Governor John Kasich, a Republican presidential candidate, has asked NBC for twelve minutes of free time on the entire national network. Also, candidates Lindsey Graham, Mike Huckabee, and George Pataki have asked NBC for equal time in some markets. This is to match the free time NBC gave Donald Trump when he was on Saturday Night Life. See this story. Thanks to PoliticalWire for the link.

Fourth Circuit Sets Briefing Schedule in Virginia Case over Order of Names on Ballot

The Fourth Circuit has set a briefing schedule in Sarvis v Alcorn, 15-1162. The issue is the Virginia law that says the nominees of qualified parties always appear first on the general election ballot, ahead of independent candidates and the nominees of unqualified parties. The U.S. District Court had acknowledged that being list first on the ballot does help candidates. But the Court said the U.S. Constitution permits states to favor the two major party nominees.

The Sarvis brief is due December 22, 2015. The state’s response is due January 25, 2016.