The identical bills in Congress to mandate ranked choice voting in primaries and general elections for Congress now have bill numbers. In the Senate, S.5048. In the House, HR 9578.
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On Sunday, September 15, the Georgia Supreme Court took jurisdiction of the ballot access appeal of Claudia De la Cruz and Cornel West. The lower court had removed them, saying they should not have submitted petitions in the name of the presidential candidates, but that instead they should have submitted a petition for each of their presidential elector candidates. See this story.
On September 16, a Dane County Circuit Court ruled that Robert F. Kennedy, Jr., cannot remove his name from the Wisconsin ballot. Kennedy had argued that the law on withdrawals is discriminatory. Nominees of qualified parties can remove their names as late as September 3, but independent candidates cannot withdraw after August 6. The judge did not address the constitutional argument. Kennedy is appealing to the Wisconsin State Appeals Court.
On Tuesday, September 17, the Second Circuit heard arguments in Team Kennedy v Berger, 24-2385. In New York, Kennedy is fighting to be on the ballot. The state courts had removed him, and a U.S. District Court had agreed with the state courts.
The three judges are Gerald E. Lynch (a Clinton appointee), and Beth Robinson and Sarah A. L. Merriam (Biden appointees). The panel had only allotted five minutes per side, but the argument was longer. Kennedy’s attorney correctly told the panel that if Kennedy does not appear on the New York ballot, then New Yorkers will be the only voters in the nation with only two presidential candidates’ names on the ballot. Kennedy’s attorney also made the argument that the New York definition of domicile, as applied to presidential candidates, is so narrow, the free speech provision of the First Amendment ought to protect Kennedy’s right to state his belief that he is domiciled in New York. The lower courts had rejected his ballot position because he had claimed domicile in New York.
On Seotember 16, Robert F. Kennedy, Jr. filed this brief in Kennedy v Benson, e.d., 2:24cv-12375.
The hearing is Tuesday, September 17.