On November 13, the U.S. Supreme Court declined to hear Nix v Holder, 12-81. This is the challenge to the federal Voting Rights Act that started in Kinston, North Carolina. It was formerly called LaRoque v Holder. It started when the voters of Kinston voted to switch municipal elections from partisan elections to non-partisan elections. The U.S. Justice Department initially refused to approve that change. The Justice Department felt blacks would have a better chance of being elected to the city council if partisan elections were in place. But after a potential independent candidate for city council, and some other voters, sued, the Justice Department changed its mind and approved the change.

The U.S. Supreme Court has already agreed to hear an Alabama challenge to the Voting Rights Act, so the court’s disinterest in the North Carolina case is not of great importance. However, because one of the plaintiffs in the North Carolina case was an independent candidate, who argued he had standing because ballot access for independent candidates in North Carolina is extremely restrictive and therefore he would be better off with a non-partisan system, that made the North Carolina case interesting for people who care about ballot access. Thanks to Rick Hasen for the news.

Last week, Mike Fellows, Libertarian Party nominee for Clerk of the Montana Supreme Court, carried 28 counties, out of Montana’s 56 counties. The votes are not entirely counted yet, but he has 183,723 votes, which is 42.95% of the votes cast in that race. His only opponent was the Democratic incumbent.

Some analysts have already looked at the U.S. House elections from last week’s election, and determined that Democratic candidates received more popular votes than Republican candidates. Yet, it appears most likely that Republicans won 235 seats and Democrats only won 200 seats. There are still six seats in which the results aren’t final, but Democrats are leading in five of them, so it has been assumed that those candidates who are currently leading will win.

Prior to 2012, there have been only three other congressional elections in the last hundred years in which one major party won more popular votes for U.S. House, yet the other major party won more seats. They were 1914, 1942, and 1952.

In 1914, Republicans won 5,871,614 popular votes to Democrats’ 5,793,581. But Democrats won 231 seats, Republicans won 193 seats, and minor parties won 11 seats.

In 1942, Republicans won 14,256,160 popular votes to Democrats’ 13,014,467. But Democrats won 222 seats, Republicans won 209 seats, and minor parties won 4 seats.

In 1952, Democrats won 28,693,013 popular votes to Republicans’ 28,413,596. But Republicans won 221 seats, Democrats won 213, and one independent won.

Data on the number of seats won is from the Clerk of the U.S. House of Representatives, and from reference books written by Professor Ken Martis, and also the various authors of America Votes, including Rhodes Cook. Data on the number of popular votes received by each party is from my own research. In states with disaggregated fusion, the figures for major parties do not include the popular votes received on minor party lines in support of major party nominees.