Judge in Kansas-Arizona Voter Registration Lawsuit Asks U.S. Election Assistance Commission to Decide Whether Form Can be Altered

On December 13, U.S. District Court Judge Eric Melgren issued an order in Kobach v U.S. Election Assistance Commission, 5:13cv-4095. This is the case in which the Secretaries of State of Kansas and Arizona sued the U.S. Election Assistance Commission in order to get permission to change the federal voter registration postcard form within those two states. The federal form asks applicants to sign under penalty of perjury that they are citizens. Those two states want applicants to be told that they must attach paperwork proving they are citizens. The states want the federal form altered, for use within those two states.

The judge’s order tells the U.S. Election Assistance Commission to make a decision on whether those two states may have their wish granted. The order notes that even though there are no sitting Commissioners on that agency, that the federal government has alleged that the staff of the Election Assistance Commission has the authority to decide. The judge’s order says that if the Election Assistance Commission has done nothing by January 17, then the inaction will be deemed to be a refusal. Thanks to Rick Hasen for this news.

Hawaii Democrats Appeal Open Primary Case

On December 12, the Hawaii Democratic Party filed a notice of appeal in Democratic Party of Hawaii v Nago, the case over whether the party can close its primary so that only party members can vote in its primary. The U.S. District Court had upheld the open primary on the grounds that the party had not proved that the open primary results in non-members voting in its primary, or that if non-members do vote in its primary, that the party hasn’t showed this harms the party.

In the Ninth Circuit, it is case 13-17545.

Canada Now Has Two Greens in Parliament

On December 13, Bruce Hyer, who had been elected as an independent candidate to the Canadian Parliament, announced he is switching to the Green Party. He represents part of western Ontario. The Green Party now has two members of the Canadian lower house. See this story. The news was not too surprising, because a week ago he had said he would be joining one of the parties, although at the time he didn’t say which one.