U.S. District Court Refuses to Enjoin New York Law that Bans “Independence” as a Party Label

On April 7, U.S. District Court Judge Lashann DeArcy Hall, an Obama appointee, refused to enjoin the 2022 New York law that bans “independent” or “Independence” as words that can be part of the name of a party. The judge also assumed that therefore an independent candidate can’t use those labels because if the independent candidate were running for Governor or President and got 2% of the vote, that would create a ballot-qualified party and then that party would have an illegal name.

The judge said the ban is “not severe” because the candidate can campaign as an independent without having that label on the ballot. The decision does not even mention the unanimous U.S. Supreme Court decision Gralike v Cook, which struck down a Missouri law that put certain labels on the ballot for candidates that injured them. That case clearly established that the First Amendment free speech provision applies to ballot labels. Yet Judge Hall said the First Amendment doesn’t apply to ballot labels.

The plaintiff, Mayoral candidate Jim Walden, has already appealed to the Second Circuit. Walden v Kosinski, 25-764. The Second Circuit is expediting the case and all briefs will be in by April 15.

Oral Argument Set for Cornel West Pennsylvania Ballot Access Case

U.S. District Court Judge J. Nicholas Ranjan will hear Cornel West v Pennsylvania Department of State, w.d., 2:24cv-1349, on Wednesday, June 11. The issue is Pennsylvania’s requirement that independent presidential candidates must file a sworn declaration of candidacy for each presidential elector candidate, whereas the parties with 15% of the statewide registration need file no documents signed by their presidential elector candidates whatsoever.

Reply Brief Filed in U.S. Supreme Court in New York Ballot Access Case

On April 8, Buffalo Mayor Byron Brown filed this reply brief in his ballot access case in the U.S. Supreme Court, Meadors v Erie County Board of Elections, 24-684. The issue is the May petition deadline for independent candidates. Brown was kept off the ballot as an independent, last time he ran for re-election. He still won the general election on write-ins.

Iowa Election Bill That Includes Ban on Ranked Choice Voting Passes Senate, Headed to Governor

Some rather disturbing provisions are in this election bill (House File 954).

Not only is there a statewide ban on Ranked Choice Voting, there is a provision that allows election poll workers to challenge the citizenship of voters that will result in some voters having to cast provisional ballots. Also, the bill potentially allows private firms to become involved in maintenance of voter rolls.

Here is a story from Iowa Capital Dispatch.