On October 19, the 9th circuit held oral arguments in Coronado v Brewer, 08-17567. The main issue is whether the 24th Amendment requires Arizona to let ex-felons register to vote, even if that ex-felon owes restitution or fines. The 24th amendment says, “The right of citizens of the United States to vote in any primary or other election for President or Vice President, for electors for President or Vice President, or for Senator or Representative in Congress, shall not be denied or abridged by the United States or any State by reason of failure to pay any poll tax or other tax.”

The three judges on the panel were Alex Kozinski, Sandra Ikuta, and Sandra Day O’Connor, who is of course retired from the U.S. Supreme Court. Justices who retire from the U.S. Supreme Court sometimes participate in panels of U.S. Courts of Appeals in their home states. The hearing was held in Tempe, Arizona, on the campus of the State University. The hearing seemed to go well for the attorneys who are representing the individuals who desire to register to vote. This is an ACLU case.

On October 16, the Massachusetts Secretary of State filed notice of appeal in Barr v Galvan, the case over whether the U.S. Constitution requires states to let unqualified parties use stand-in presidential candidates on their ballot access petitions. The Libertarian Party had won this case in the U.S. District Court last month.

The law in Massachusetts is ambiguous about whether such substitution is permitted. Over the years, the Massachusetts Secretary of State has given conflicting rulings on whether it is permitted or not. The state’s position seems to be that substitution is permitted for minor parties that don’t choose their presidential nominees until July or August of the election year, but that it is not permitted for parties that have a national presidential convention in May or in earlier months. The Libertarian Party national convention is usually on the last weekend of May in presidential election years.

On Friday, October 16, the people in Washington state who desire to keep private the names and addresses of people who signed the R-71 Referendum petition asked U.S. Supreme Court Justice Anthony Kennedy to get involved in the case. Kennedy is the U.S. Supreme Court member who handles such requests from the 9th circuit. Kennedy has been asked to order the Secretary of State not to release the names and addresses, while the constitutional issue is being decided. On Friday evening, Kennedy asked the State of Washington to file a response, which is due at 3 p.m. on Monday, October 19. The case is Doe v Reed. In the meantime, the 9th circuit (which had ruled on October 15 that the names and addresses should be released) has been asked to suspend its order until the U.S. Supreme Court has considered the matter.

Here is the 36-page brief filed in the U.S. Supreme Court. Thanks to Thomas Jones for the link.