The opening brief in Citizen Center v Gessler, 12-1414, is due on April 1, 2013 in the Tenth Circuit. This is the interesting case over whether the U.S. Constitution protects a secret ballot. The U.S. District Court had ruled on September 22, 2012, that nothing in the U.S. Constitution requires a secret ballot. The case had been filed originally to stop unique bar codes from being printed on Colorado ballots, because they make it physically possible for an employee of the elections office to learn how a particular voter voted.

The Ninth Circuit will hear Townley v State of Nevada, 12-16881, on Monday, March 11, at 9:30 a.m. The panel will be Judge John Noonan (a Reagan appointee), Raymond Fisher (Clinton), and Jacqueline Nguyen (Obama). The issue is whether Nevada’s law placing “None of these candidates” on all primary and general election ballots for statewide office violates the Constitution. The individuals who filed the lawsuit argue that voters who vote for “None” are being discriminated against, because their votes have no effect.

On February 20, the Oklahoma Senate Rules Committee passed SB 309, on the subject of presidential electors who don’t vote for the presidential and vice-presidential candidates that the elector had been expected to vote for. Unlike the model bill that has been introduced in a few other states, the Oklahoma bill does not require political parties to nominate alternate presidential electors. Instead, the bill just says that all candidates for presidential elector must take an oath before the election to support the expected ticket. Electors who disobey their oath will be deemed to have resigned.

The bill says when an elector is deemed to have resigned, the other presidential electors will choose a replacement on the spot. The bill seems to assume that an independent presidential candidate will never carry Oklahoma, because it makes no provision for independent presidential electors who disobey their pledge.