Tennessee Files Brief in Libertarian Party Ballot Access Case

On January 30, Tennessee filed its brief in Darnell v Hargett, m.d., 3:23cv-1266. This is the Libertarian Party case that challenges the Tennessee petition requirement for a group to become a qualified party. Here is the state’s brief. It doesn’t even mention the Sixth Circuit decision Graveline v Benson, 992 F.3d 524 (2021), in which Michigan’s petition requirement of 30,000 signatures for a statewide independent candidate was struck down, on the grounds that it was obviously more difficult than necessary for any state interest, because it had only been used twice since it was created in 1988.

Tennessee is also in the Sixth Circuit, and Tennessee’s party petition hasn’t been used since 1968. It requires 43,498 signatures.

Professor Seth Barrett Tillman Asks for 15 Minutes of Oral Argument Time in U.S. Supreme Court in Trump Ballot Access Case

On January 29, Professor Seth Barrett Tillman asked the U.S. Supreme Court for 15 minutes of argument time in Trump v Anderson, the U.S. Supreme Court ballot access case. It is extremely rare for an amicus (other than the Solicitor General) to be allowed to participate in oral argument in the U.S. Supreme Court. Professor Tillman acknowledges this. But he says the briefs for both sides are failing to understand that there is a difference between “Office under the United States” and being an “Officer of the United States.” He has studied these phrases for a decade, and he feels this is an important issue and that he can help the court. Here is his filing.

U.S. District Court in Alaska Dismisses Anti-Trump Ballot Access Case

On January 26, U.S. District Court Judge Joshua Kindred, a Trump appointee, dismissed the lawsuit Castro v Dahlstrom, 1:23cv-11. This is a case to prevent Donald Trump from being on any Alaska ballot. The decision says in an indirect way that there is no substance to the lawsuit. Alaska doesn’t have a presidential primary, even though the complaint asked that Trump be kept off any primary or general election ballot.

Mississippi House Passes Proposed Constitutional Amendment to Restore Statewide Initiative

On January 24, the Mississippi House passed HCR 11, which would restore the statewide initiative process. If it passes the Senate, it would go on the November 2024 ballot. It would require a petition of 8% of the registered voters, to be completed within 12 months. That would be approximately 150,000 signatures.

Here is the text of the proposed constitutional amendment.