Preliminary Census Data Suggests New Reapportionment for U.S. House for 18 States

According to Election Data Services, preliminary 2010 census data suggests that 18 states will either gain or lose U.S. House seats in 2011.

The eight states that will gain are:  Texas (4), Florida (2), and one each for Arizona, Georgia, Nevada, South Carolina, Utah and Washington.  The ten states that will lose are:  New York (2), Ohio (2), and one each for Illinois, Iowa, Louisiana, Massachusetts, Michigan, Missouri, New Jersey, and Pennsylvania.  Thanks to Sam Harley for this information.

Seventh Circuit Upholds Limiting Candidates in Illinois Special U.S. Senate Election to Those who Qualified for the Regular Election

On September 24, the 7th circuit upheld the order of a U.S. District Court, limiting the names of candidates in the special U.S. Senate election in Illinois to the same candidates who had qualified for the regular 6-year U.S. Senate election.  The 16-page decision is Judge v Quinn, 10-2836.

The 7th circuit opinion says, “Nothing in the permanent injunction excludes a particular class or group of candidates in a manner that suggests that an identifiable group of voters will be left out of the special election…The District Court’s remedy, which relies on candidates selected pursuant to the Illinois Election Code, was designed to be, and probably is, the most democratic and constitutionally sound approach the district court could have devised.”

As to the argument that Article One of the U.S. Constitution requires state legislatures to pass laws governing congressional elections (except when Congress supercedes them), the 7th circuit decision says that U.S. Senator Roland Burris didn’t make that argument in the U.S. District Court, so it is too late for him to raise that argument in the 7th circuit.  The decision is signed by the same three judges who had this same case earlier.

U.S. District Court Upholds Philadelphia’s Ban on Campaign Signs on Poles

On September 28, U.S. District Court Judge James Gardner, a Bush Jr. appointee, upheld a Philadelphia ordinance banning temporary signs on utility poles, streetlights, and traffic and parking signs.  The plaintiffs were candidates for public office who wanted to post temporary campaign signs.  The case is Johnson v City and County of Philadelphia, 08-cv-1748.

West Virginia Republican Party Won’t Appeal in Case On Whether Two Ballots Should be Printed

On September 28, the West Virginia Republican Party said it won’t appeal its loss in lower state court, in the case over whether the special election for U.S. Senate should be on the same ballot as the other offices.  See this story.

States in which lawsuits are still undecided, and which must be decided before ballots can be printed, are Florida, Illinois, Maine, Nevada, New York, Pennsylvania, Rhode Island, Vermont, and Virginia.  See this story about an unresolved Florida lawsuit.