Illinois League of Women Voters Lawsuit Charges Partisan Gerrymandering Violates the First Amendment

On August 16, the League of Women Voters of Illinois filed a federal lawsuit, charging that Illinois’ new redistricting plan violates the free speech provision of the First Amendment. The case is League of Women Voters of Illinois v Quinn, northern district, 11-cv-5569. The case was assigned to Judge Ruben Castillo, a Clinton appointee.

The complaint says, “Redistricting based on the content of partisan speech or viewpoints of residents, for a partisan purpose, creates an undue, unnecessary or unjustified abridgment of First Amendment rights…By considering the partisan composition of the districts and the political competitiveness of election campaigns in such districts, the General Assembly is unlawfully attempting to control or influence the kinds of views, opinions and speech that residents placed in those districts are likely to hear and receive, and is doing so in a manner that is not narrowly tailored.”

Democrats were completely in charge of Illinois government when the redistricting plan was passed this year. No one disagrees with the observation that the plan was designed to enhance the chances of Democratic nominees. The attorney who filed the case, Thomas H. Georghegan, is a well-known Democratic Party attorney who specializes in labor law. This lawsuit will face an uphill battle, because several times the U.S. Supreme Court has ruled that nothing about partisan gerrymandering violates any part of the U.S. Constitution. Thanks to Rick Hasen for news about this lawsuit.

New Hampshire Magellan Poll on 2012 Presidential Primary

On August 17, Magellan Polls released a New Hampshire Republican presidential primary poll: Mitt Romney 36%, Rick Perry 18%, Ron Paul 14%, Michele Bachman 10%, all others at or below 3%. See more detail here. The poll sample consisted of 70% registered Republicans, and 30% registered independents who told the pollster they intend to vote in the Republican presidential primary. Thanks to Political Wire for the link.

U.S. District Court Sets Hearing in Carl Lewis Ballot Access Case

A U.S. District Court in Camden, New Jersey, will hold a hearing in Lewis v Guardagno, 11-cv-2381, on Friday, August 19, at 2 p.m. The issue is whether Carl Lewis should be on the November 8, 2011 ballot for State Senate in the 8th district. He won the Democratic primary in June but his name will not be on the ballot unless he wins in court. It is possible the judge will rule immediately after the hearing.

Sunshine News Article on Possibility of Roy Moore Being Constitution Party Presidential Nominee

The Sunshine News has this article on the possibility that Roy Moore will seek the Constitution Party’s presidential nomination. The Sunshine News, a Florida on-line news service, seems to give the Constitution Party better coverage than most news sources do. A few months ago the Sunshine News had a similar article on whether former Congressman Virgil Goode would seek the party’s presidential nomination.

Denver Post Editorial Lauds Court Ruling for Hand Recount of Saguache County Ballots

As noted previously, on August 12, a lower state court in Colorado ruled that the November 2010 Saguache County ballots must be submitted to the Secretary of State so his office can recount them. The Denver Post of August 17 has this editorial, agreeing with the court. Thanks to Rick Hasen for the link. Saguache County uses ES&S vote-counting machines.

North Carolina Legislature Re-Convenes September 12

The North Carolina legislature meets on September 12 in a special session that has the authority to act on election law bills. At that time the legislature may pass HB 32, the ballot access reform bill that has already passed the House. It may also pass one of the bills that abolishes the straight-ticket device.

If those bills don’t pass in September, it is likely that another special session will be held in December 2011. After that, the legislature won’t meet until May 2012.