The Texas Tribune Article Suggests Texas May Need to Postpone April 3 Primary to a Later Date

The Texas Tribune has this interesting article about the problem Texas election administrators may have with the April 3 primary date. Texas does not have settled boundaries for U.S. House districts, or state legislative districts. The U.S. Supreme Court, a 3-judge court in Texas, and a 3-judge court in Washington, D.C., are all involved in lawsuits over these districts. If these three courts do not issue opinions within the next three weeks, the primary might need to be postponed. That would have important implications for ballot access. Texas law does not permit petitioning for minor parties or independent candidates until after the primary.

The Texas Tribune is an on-line newspaper about public policy in Texas, and was founded in 2009. Thanks to Thomas Jones for the link.

ACLU Files Amicus Brief in Virginia Ballot Access Case

The American Civil Liberties Union of Virginia has filed this amicus brief in Perry v Judd, the case that challenges Virginia ballot access requirements. The ACLU brief makes a case against the Virginia law that bars out-of-state circulators. The ACLU brief does a good job of explaining that if the state wants to subpoena circulators (in case the state believes a circulator may have committed fraud), there is a method to do that, even if the circulator is not a Virginia resident.

The ACLU brief also mentions the most recent decision striking down a law against out-of-state circulators, the Nebraska decision from 2011 called Citizens in Charge v Gale. The other briefs in this case had not mentioned that precedent. The ACLU brief mentions that the Virginia restriction injures the out-of-state petitioners themselves, and that the law injures voters. Commentary about this issue almost never remembers the rights of petitioners who don’t live in Virginia. Thanks to Bill Van Allen for the link.

West Virginia 3-Judge U.S. District Court Refuses to Stay its Own Ruling, Throwing Out U.S. House Districts

On January 10, a 3-judge U.S. District panel in West Virginia refused to stay its own ruling from last week. The ruling last week invalidated the state’s new U.S. House district boundaries. See this story. The state says it will ask for relief from the U.S. Supreme Court. The 3-judge court had invalidated the districts last week because of population inequality among the three districts.

Virginia Republican Party Reacts to Governor Perry’s Amended Complaint

On January 11, the Virginia Republican Party asked permission to present evidence in Perry v Judd, the case over Virginia presidential primary ballot access. The judge promptly granted the party’s request.

When Governor Perry filed the lawsuit, he only complained about the state ban on out-of-state circulators, and at that time the Republican Party of Virginia held itself out as not only neutral, but disinterested in participating in the lawsuit. Then Governor Perry filed an amended complaint, in which he also complained that the Republican Party of Virginia’s procedures for petition-checking were somewhat different in 2012 than they had been in 2008, and that the party should have pre-cleared the new rules with the U.S. Justice Department.

In response, the Virginia Republican Party said that if the new aspect of the complaint were to be considered by the Court, the party wished to present evidence on exactly how it checked petitions in 2012.

New Hampshire Presidential Primary Totals for All Candidates

This story has the number of votes cast in the New Hampshire Democratic and Republican presidential primaries for all candidates who were on the ballots. Two of the candidates who were listed on the Republican ballot only received 3 votes in the entire state. The results are unofficial but include all precincts except one.

In the Democratic primary, 10% of the votes cast were write-in votes. It is probable that a majority of those were for Hillary Clinton. It is a little-known fact that in the November 2008 presidential election, Hillary Clinton received thousands of write-in votes. Virtually no state reported these, because it is normal nowadays that states only canvass write-in votes for declared write-in candidates. But there were a few jurisdictions that reported all write-ins, and the number for Hillary Clinton was substantial, comparatively speaking. There were also thousands of write-in votes in November 2008 for Ron Paul.