Legal Analyst Explains Implications of Yesterday’s U.S. Supreme Court Ruling on Facial Challenges

As already noted here, on June 22, the U.S. Supreme Court issued a ruling in City of Los Angeles v Patel that has implications for ballot access lawsuits. The case itself has nothing to do with election law, but clarifies when plaintiffs can make facial challenges instead of just as-applied challenges.

This commentary by Ian Millhiser at Think Progress develops this concept, although Millhiser explains it in relation to laws restricting abortion.

The facial versus as-applied challenge matter has been especially vexing when plaintiffs recently have filed lawsuits against early petition deadlines. Currently such lawsuits are pending in Arizona, Arkansas, and South Dakota. Thanks to How Appealing for the link.

New Jersey Bill to Ease Voter Registration Advances

On June 22, the New Jersey Assembly Appropriations Committee passed AB 4574. It provides for early voting, online voter registration, and automatic registration for voters who obtain a state ID card or drivers license. The bill was introduced June 18. The committee deleted a part of the bill providing for election day registration.

The companion bill in the Senate, SB 3040, hasn’t advanced yet.

Florida Initiative Committee for a Top-Two System Appears to Have Stopped Collecting Signatures

Florida’s Secretary of State keeps a list of initiative petitions that is updated frequently. According to the latest list, the initiative for a top-two system is no longer active.

The proponents raised $75,500 during March and April 2015, but only $5,000 during May. See this campaign finance report. Click on the “campaign finance activity” button. Thanks to Rich Moroney for the news.