On August 30, the 4th circuit issued on opinion in Miller v Brown, telling the U.S. District Court to decide the case. The issue is whether the Virginia Republican Party can enforce a bylaw (in effect, for now, only in one state senate district), that no one can vote in the Republican primary if they have voted in the last 5 years in a Democratic primary, unless that voter signs a statement of support for the Republican Party.

The US District Court had ducked the issue, saying since the bylaw won’t have any practical effect until 2007, the case is not ripe. Today, the 4th circuit told the US District Court that the case is ripe, and that the US District Court should decide the issue. Miller v Brown, 05-2254. The decision was written by Judge Joseph R. Goodwin, a Clinton appointee.

The 6th circuit will probably hear Stewart v Blackwell on December 6. This is not a ballot access case. But it is very important for the future of all election law constitutional litigation, for the entire nation. Stewart v Blackwell deals with whether the 14th amendment requires that all voters in the state have an equal opportunity to have their vote count. Specifically, can the state use voting equipment with a good rate of preventing voter error in some counties, and worse voting equipment in other counties? The issue all hinges on whether the US Supreme Court meant what it said in Bush v Gore, that each voter must be treated equally. The 6th circuit already ruled 2-1 that Bush v Gore meant what it said, and therefore Ohio could not use punchcard systems in some counties. But the state persuaded the 6th circuit to grant a rehearing before all the 6th circuit full-time judges, and that will probably be December 6. All the briefs are in.

Both the Green and Working Families Parties will have statewide candidates on the Massachusetts ballot this year.