U.S. Supreme Court Hears McCutcheon v Federal Election Commission

On October 8, the U.S. Supreme Court heard McCutcheon v Federal Election Commission, a campaign finance case. Here is one article about the hearing. The gist of this article, and a few others, seems to be that the Court is likely to strike down the limit that restricts an individual from donating to more than fifteen congressional candidates, if he or she is giving the maximum $2,600 to each candidate.

UPDATE: here is the transcript of the hearing. Thanks to Rick Hasen for the link.

U.S. District Court Hears Hawaii Democratic Party’s Lawsuit Against Open Primary for Itself

On October 7, a U.S. District Court in Hawaii held a trial in Democratic Party of Hawaii v Nago, 1:13cv-301. According to this story, Judge J. Michael Seabright has not decided the case yet, but he did indicate that if he concludes that the Hawaii law imposes a severe burden on the Democratic Party, he will strike it down.

The lawsuit was filed by the party to escape the open primary, and to let the party restrict its primary to party members. Presumably if the party wins the case, the state will begin asking voters to choose a party on voter registration forms. Currently, Hawaii voter registration forms do not ask about party membership. When the Idaho Republican Party won a similar lawsuit, the legislature changed the voter registration forms to include a party membership question.

Tennessee Libertarian Party Files Lawsuit to Get on Ballot in Upcoming Special Legislative Election

On October 9, the Tennessee Libertarian Party filed a lawsuit, asking to be placed on the ballot in the December 2013 special legislative election in Memphis. The existing law on how a party gets on the ballot was held unconstitutional earlier this year, and the state is appealing. The new lawsuit is Tomasik v Goins, middle district, 3:13cv-1118.