Law Professor David Schultz Says Attempt to Remove Legal Marijuana Now Party May Violate Due Process

Minnesota law professor David Schultz has written that the Democratic Party’s attempt to remove the Legal Marijuana Now Party from this year’s ballot probably violates due process.  There are court precedents that states cannot toughen ballot access rules in the middle of the election season, including one that was summarily affirmed by the U.S. Supreme Court, Hudler v Austin, from Michigan, 1976.  See this story.

U.S. Supreme Court Still Hasn’t Acted on Arizona Case on Vote-Counting Machines

On March 20, the Arizona Republican nominees for Governor and Secretary of State from 2022 asked the U.S. Supreme Court to expedite their lawsuit on vote-counting machines.  Since then, the Court has done nothing in this case,  Lake v Fontes, 23-1021.  It seems fairly clear that the Court isn’t interested in this case.

New Maine Trump Ballot Access Case is Pending

On March 8, Donald Trump filed a new state court lawsuit against the Maine Secretary of State, also called Trump v Bellows.  It is in Kennebec Superior Court, just as the first such case was.

The first case was filed after the Secretary removed Trump from the Republican presidential primary ballot.  While it was pending, the U.S. Supreme Court issued its Colorado decision, and the very same day, the Maine Secretary of State revised her ruling to say that Trump should be on the ballot, given that states can’t enforce Section Three of the Fourteenth Amendment.  But the ruling still kept its original finding that Trump had engaged in insurrection.

The new Trump lawsuit argues that the Secretary’s ruling on insurrection should be reversed.  Here is the Complaint.  The Secretary responds that the matter is moot.  The primary was held March 5 with Trump’s name on the ballot.