Thanks, Tennessee General Assembly! Memphis Mayor Elected with 28% of the Vote.

On October 5, 2023, a new Mayor (Paul Young) was elected in Memphis, Tennessee. There were 17 candidates in the race, and Mr. Young was the top vote-getter, receiving 28% of the vote. Since 2008, Memphis voters have approved Ranked Choice Voting, rejected the repeal of RCV in a referendum, and rejected an amendment to the City Charter that would have mandated Plurality Voting.

Nonetheless, Plurality Voting was used in this election, because Ranked Choice Voting has been banned in The Volunteer State by the Tennessee General Assembly, which is dominated by the Republican Party.

Here is the story from FairVote.

I posted earlier this week about a paper from the American Enterprise Institute asserting that conservatives should more carefully consider electoral reforms. Here is the link to that study.

Tennessee Ban on Distribution of Application for Absentee Ballots Other Than By Election Officials Upheld by 6th Circuit

On October 5, 2023, the US Court of Appeals for the Sixth Circuit upheld the decision of the US District for the Middle District of Tennessee that the state’s ban on distribution of applications for absentee ballots is constitutional.

This is the link for the decision: Lichtenstein v. Hargett 6th Circuit decision.

Former President Donald Trump Files Brief in Nevada Ballot Access Case

On October 2, former President Donald Trump filed this brief in Castro v Aguilar, 2:23cv-1387. This is the case in which John Anthony Castro has sued the Nevada Secretary of State to keep Trump off the Nevada Republican primary ballot.

The brief makes many points, but the most interesting part of the brief explains why the Fourteenth Amendment, section 3, does not apply to presidential candidates. Section 3 mentions congressional candidates, and candidates for presidential elector, but no other specific offices. It goes on to include “any office, civil or military, under the United States, or under any State”. Many readers believe it is obvious that “president” is an “office…under the United States”, but the brief does a good job of rebutting that presumption.

The brief points out that presidents do not take an oath to “support” the Constitution. Instead, the Constitution says presidents take an oath to “preserve, protect and defend” the Constitution. But every other federal officer takes an oath to “support the Constitution”, and the 14th amendment, section three, only applies to people who had previously taken an oath to “support” the Constitution.

John Castro Dismisses Two Lawsuits to Keep Former President Donald Trump Off Ballots

On September 29, John Anthony Castro dismissed his Oklahoma lawsuit, Castro v Ziriax, w.d., 5:23cv-781. Castro is the Republican presidential candidate who has filed many lawsuits to keep former President Donald Trump off Republican presidential primary ballots.

On October 2 he dismissed his North Carolina case, Castro v Bell, e.d., 5:23cv-496.