Tenth Circuit Gives Kansas and Arizona Another Month to File Brief in Voter Registration Case

On May 29th, the Tenth Circuit set a June 30 deadline for the states of Kansas and Arizona to file their brief in Kobach v U.S. Election Assistance Commission, 14-3062. This is the case over whether those two states can force the federal government to alter the federal voter registration form that is used in those two states. The federal form asks for a signature of the voter-applicant under penalty of perjury, saying the applicant is a U.S. citizen. The two states want documentary proof. The case is being expedited so a decision is likely in the next few months. The U.S. District Court had ruled in favor of the two states.

Reconsideration Requested in Michigan Socialist Party Ballot Access Case

On May 28, the plaintiff in the pending federal Michigan ballot access case, Matt Erard, filed for reconsideration in U.S. District Court. The chief issue is whether Michigan unconstitutionally discriminates against newly-qualifying parties, relative to old parties. The number of signatures required for new parties to get on the ballot is approximately twice the number of votes needed for old parties to remain on the ballot. Erard is a Socialist Party candidate, although technically the Socialist Party is not a co-plaintiff. The case is in the eastern district, 2:12cv-13627.

The request for reconsideration was made because the initial U.S. District Court decision of May 14, upholding the law, appears to have some factual errors, and also seems to overlook key precedents.

First Week of Trial over Florida U.S. House Redistricting Ends; Some Testimony is Damaging to the Legislature

Here is an account of the first week of the trial in the state court lawsuit over Florida U.S. House redisticting. The Florida Constitution gives the legislature authority to carry out districting for U.S. House, but says the legislature must draw lines that do not help or harm any particular party. According to the article, the legislature had maintained that the boundaries for certain districts had been suggested by a particular student. But, on the stand, that individual student testified he had not suggested any district boundaries, and that the e-mail that was allegedly sent by him was not, in fact, written or sent by him.

Some attorneys for the legislature have asked the U.S. Supreme Court to block an order of the State Supreme Court that said internal communications from legislators to other legislators and consultants can be introduced into evidence. See this story. The request to the U.S. Supreme Court was made on Wednesday, May 28, and the U.S. Supreme Court hasn’t responded yet. In the U.S. Supreme Court, the case is Bainter v League of Women Voters of Florida, 13A1174.

D.C. Court of Appeals Hears Oral Arguments on Whether Voters Will Elect a D.C. Attorney General Before 2018

On May 29, a 3-judge panel of the District of Columbia Court of Appeals heard oral arguments in Zukerberg v D.C. Board of Elections. See this story. The issue is whether the D.C. voters will elect an Attorney General earlier than 2018.

In 2010, the voters passed a charter amendment which said on the ballot that, if passed, that office would be chosen by the voters starting in 2014. But the full text of the amendment simply said the first election would be in the future, and didn’t specify when. Later, the D.C. council passed a bill saying such elections would be held starting in 2018.

Buzzfeed Suggests New York Governor Andrew Cuomo Seems Unlikely to Receive Working Families Nomination

Buzzfeed has this article which says that New York Governor Andrew Cuomo has asked the Democratic nominees for Comptroller and Attorney General not to accept the Working Families nomination. This news, if true, can only mean that Cuomo is pessimistic about his chances of himself receiving the Working Families nomination.

The offices named above are the only statewide offices up in New York this year (except that Lieutenant Governor is up, but is part of the ticket with gubernatorial candidates). Thanks to PoliticalWire for the link.