Three-Day Trial Held on North Carolina U.S. House District Boundaries

On October 13-15, a three-judge U.S. District Court heard arguments in David Harris v McCrory, m.d., 1:13cv-949. The issue is whether North Carolina’s U.S. House districts are valid. See this story. There are also lawsuits pending in North Carolina state court and federal court over the state’s legislative district boundaries. The judges are: William Osteen, a Bush Jr. appointee; Roger Gregory, a Clinton appointee; and Max Cogburn, an Obama appointee.

If the districts must be redrawn, that may affect the date of the 2016 primary, which is now set for March 15. In 2004, North Carolina also had late redistricting, and the primary was postponed from May 4 to July 20; there was no presidential primary that year. Also, in Texas in 2012, late redistricting forced the primary to move from March 6 to May 29. When primaries are postponed, independent candidate petition deadlines are changed to later dates.

Redistricting lawsuit decisions are expected fairly soon in Alabama, Florida, Texas, and Virginia.

Ohio Libertarian Party Files Brief, Detailing that Ohio Republican Party was Responsible for Keeping Libertarian Gubernatorial Candidate Off Ballot

On October 16, the Ohio Libertarian Party filed this 10-page brief, explaining that the Ohio Republican Party was the true actor in keeping the Libertarian gubernatorial candidate off the ballot in 2014. This part of the case now centers on whether the process that kept the candidate off the ballot was an example of selective prosecution of the law.

Kentucky Libertarian Lawsuit on Debates Finally Begins to Move

In 2014, the Libertarian Party nominee for U.S. Senate from Kentucky, David Patterson, was barred from all debates. He and the Libertarian Party filed a federal lawsuit on September 28, 2014, charging that after it appeared Patterson would qualify for inclusion, the rules were changed, to provide that no one could be in the debate who had not raised at least $100,000 for the campaign.

The lawsuit, Libertarian National Committee v Holiday, e.d., 3:14cv-63, had no activity between December 16, 2014, until September 11, 2015. Judge Gregory Van Tatenhove then finally said there will be a trial. On September 28, 2015, the defendants finally answered the Complaint.