On March 5, the Maine House passed LD 1578, the National Popular Vote Plan bill, by 74-67. This is the first National Ppoular Vote Plan bill that has advanced in any state during 2024. The bill had been pending in the Maine legislature since early 2023.
On March 5, U.S. Senator Kyrsten Sinema, one of three independents in the U.S. Senate, said she will not run for re-election this year. See this story.
Marty Lederman, a law professor and former Deputy Assistant Attorney General of the United States, has this interesting analysis of Trump v Anderson, the March 4 decision of the U.S. Supreme Court on Colorado ballot access for persons accused of insurrection.
On March 4, U.S. District Court Judge Eli J. Richardson, a Trump appointee, ruled that the plaintiffs lack standing in Ashe v Hargett, m.d., 3:23cv-1256. This is the lawsuit that challenges a new Tennessee law that signs must be posted at the polls, on primary day, warning voters that they must be a “bona fide” member of a party in order to choose that party’s primary ballot.
Since 1972, Tennessee law has required that only “bona fide” members of the party may vote in a party’s primary. It is only recently that the law says signs must be posted at the polls, reminding voters about the the 1972 law. Ever since the 1972 restriction was passed, no one has ever been prosecuted. Probably no one will ever have standing unless the potential plaintiff is prosecuted some day. Here is the opinion.
Tennessee does not have registration by party, which means that “bona fide” member of a party is an exceedingly vague idea.
On March 4, U.S. District Court Judge John A. Woodcock, a Bush Jr. appointee, refused to let petitioners for Robert F. Kennedy, Jr. petition at the polls on March 5, the presidential primary date in Maine. Here is the opinion. The judge relied heavily on the Secretary of State’s argument that Kennedy is free to have his petitioners work at the polls on June 11, when Maine holds a primary for non-presidential office. Team Kennedy v Bellows, 1:24cv-52.
Other petitioners will be allowed on March 5. The difference is that the other petitions don’t concern presidential candidates.
The lawsuit also challenges the law that says presidential elector candidates must be registeed voters, but the decision postpones settling that.
