New York Had 102,231 Write-ins for President

The New York State Board of Elections website shows 102,231 write-ins were cast for President last week. The State Board still hasn’t got the number of write-ins for each of the declared write-in presidential candidates. But the very large number of write-ins shows that election officials have gone to a great deal of work, and will continue until the tally is done. Each one of those write-ins must be examined by an election administration employee. This is far more expensive and time-consuming than processing votes for candidates whose names are on the ballot.

The write-in total is 1.28% of the total votes cast. See here. Thanks to Tony Roza for the link.

U.S. Supreme Court Puts Upstate Jobs Party Case on December 6 Conference

The U.S. Supreme Court will consider whether to hear Upstate Jobs Party v Kosinski, 24-503, at its December 6 conference. This is the case challenging New York state law that lets individuals bigger campaign contributions to nominees of qualified parties than they may give to independent candidates or the nominees of unqualified parties. Here is the Upstate Jobs Party’s cert petition.

The state has already told the U.S. Supreme Court that it doesn’t plan to file a response.

Partial New York State Election Returns Suggest 80,000 Voters Cast a Write-in Vote for President

Some counties in New York state have tallied the number of write-in votes. The returns for those counties suggest approximately 1% of voters cast a write-in vote for president. If that holds for the entire state, there will probably be 80,000 write-ins when all results are tallied.

Among the five boroughs of New York city, Manhattan (New York County) is the only one with a write-in tally so far. The percentage there is 1.9% of the total, or 11,421 write-ins. This news story has the presidential results by county, but obviously many counties have not finished the write-in tally because they show zero write-ins.

Mississippi Voter Rights Groups Ask for Reconsideration in Case Over Whether Postal Ballots Must be Returned by Election Day

On November 8, various Mississippi voting rights groups asked for reconsideration in Republican National Committee v Wetzel, 24-60395. This is the case in which the Fifth Circuit struck down a Mississippi law that says postal ballots must be received in the elections administration office by five days after election day. The Fifth Circuit had interpreted the federal law defining “election day” to mean ballots must be received by the end of business on election day. The ruling was surprising and at odds with many other older court precedents.

Here is the brief asking for reconsideration.

Finally, a New York General News Source Reports that New York Was the Only State With Only Two Presidential Candidates on the Ballot

New York was the only state with two presidential candidates on the ballot, a shocking fact that the New York mainstream news media have ignored for several months. Finally, on November 4, the day before the election, Spectrum News 1 covered the news. See this story. Spectrum News 1 is a group of television stations, all in western New York.

The first time the U.S. Supreme Court ever struck down a ballot access law was in Ohio in 1968, in Williams v Rhodes. The key fact in that case, weighing against Ohio, was that Ohio that year had been the only state with only two presidential candidates. The U.S. Supreme Court has said twice that if a ballot access law is so harsh that it is almost never used, it is almost certainly unconstitutional. So the fact of New York’s exclusionary ballot is of great legal significance, and it ought to be a fact of great public interest inside New York. Yet so far none of the state’s print newspapers has mentioned it.