On July 19, the city of Modesto, California, asked the U.S. Supreme Court to hear City of Modesto v Sanchez, 07-88. The city argues that the California Voting Rights Act violates the U.S. Constitution. The California Voting Rights Act requires Modesto to stop using winner-take-all citywide elections to choose its 5-member city council. Since 1911, only one Hispanic city councilmember has been elected in Modesto, even though 25% of the city’s population is Hispanic. That fact pattern triggers the state law. The state law will force the city to use another election system, unless the city can persuade the U.S. Supreme Court that the California law violates the 14th amendment.

On July 25, the North Carolina House Election Law & Campaign Finance Committee passed SB 353. It provides that each U.S. House district in North Carolina would elect its own presidential elector. The bill had passed the Senate on May 24. It is likely to receive a vote in the House on July 26. The bill passed on a party-line vote, with Democrats voting “yes” and Republicans voting “no.” Thanks to Rick Hasen for this news.

The only states that currently let each U.S. House district choose its own presidential elector are Nebraska and Maine.

On July 25, a hearing was held in Indiana state court over whether the nominee of a new party can be disqualfied from the November ballot, because he voted in a major party primary. The case concerns Mark Herak’s attempt to be on the November ballot for city council in Highland, Indiana, as the nominee of the “Highland First Party.” All cities and towns in Indiana have partisan elections. Herak’s petition was not challenged, but his ballot status was challenged because he had voted in the Republican primary. No Indiana law says independent or new party candidates must not have voted in a major party primary.

The judge said he would rule in five days. The case is Herak v Lake County Election Board, in Lake County Circuit Court.