U.S. District Court Orders a Trial to Determine if Georgia Vote-Counting Machines are Unreliable

On November 10, U.S. District Court Judge Amy Totenberg ordered a trial in Curling v Raffensperger, n.d., 1:17cv-2989. The trial will begin January 9, 2024. This is the lawsuit filed in 2017 to force Georgia to use vote-counting machines that are more reliable than the machines currently in use.

This lawsuit is almost certainly the oldest pending election law case in the nation. Georgia has revised its machines since the lawsuit was filed, but there are still perceived problems. Here is the court order, 135 pages, which summarizes the case. One of the original plaintiffs is Ricardo Davis, a long-time activist with the Constitution Party.

Arizona Shifted the Independent Presidential Petition Deadline in 2021, but Change Went Unnoticed in B.A.N.

In 2021, the Arizona legislature moved the independent presidential petition deadline from 60 days before the general election, to 80 days before the general election. The change was made in an omnibus election law bill, SB 1492.

This is the sort of legislative change B.A.N. tries to report, but this change was not noticed by me until recently. The 2024 presidential petition deadline is August 17, 2024.

Arizona Secretary of State Files Brief in Lawsuit Over Whether Candidates May Run in No Labels Primary for Congress and State Office

On November 20, the Arizona Secretary of State filed this brief in No Labels Party v Fontes, 2:23cv-2172. This is the case over whether anyone may file in the No Labels primary to run for Congress or partisan state office. The law of Arizona says members of any qualified party may file in their own party’s primary. No Labels does not want anyone in Arizona or any other state running for Congress or state office. No Labels filed the lawsuit, seeking a court order to bar candidates from filing in its August 2024 primary for any office.

The Secretary of State’s brief repeatedly stresses that No Labels was free to have placed its eventual presidential nominee on the general election ballot using the independent petition method. Arizona is one of the 25 states that lets independent candidates choose a ballot label other than just “independent”, and the secretary stresses that the No Labels presidential candidate, with the independent procedure, would have been free to have “No Labels” next to his or her name.

Commission on Presidential Debates Announces Locations and Dates for General Election Debates

On November 20, the Commission on Presidential Debates announced its general election debate dates and locations. All debates will be held at particular colleges.

The dates and cities of the three presidential debates are: September 16 in San Marcos, Texas; October 1 in Petersburg, Virginia; October 9 in Salt Lake City.

The vice-presidential debate is September 25 at Easton, Pennsylvania. See this news story for more details.