Florida Republican Party Deletes Bylaw that Forced Presidential Primary Candidates to Sign a Loyalty Oath

On the evening of Friday, September 15, the Executive Board of the Florida Republican Party repealed a bylaw that says no one can be on the party’s presidential primary ballot without signing a pledge to support the party’s presidential nominee in November. See this story.

Florida is one of the few states in which no one can get on a presidential primary ballot unless the state party approves. So far, former President Donald Trump has refused to sign any loyalty oath for the 2024 election. That is why he hasn’t been permitted to be included in the party’s debates. Thanks to Political Wire for the link.

U.S. District Court Strikes Down Arizona Law Requiring Voter Registration Applicants Who Use Federal Form to Provide Proof of Citizenship if they Want to Vote by Mail

On September 14, U.S. District Court Judge Susan Bolton, a Clinton appointee, struck down the Arizona law that requires voters who registered using the federal form to provide proof of citizenship if they want to vote by mail. Mi Familia Vota v Fontes, 2:22cv-509.

Arizona has a long history of trying to force voter registration applicants who use the federal form to attach proof of citizenship. Years ago, the state lost the battle in court to require all users of the federal form to attach proof of citizenship. So then the legislature had enacted a new law, requiring the proof to be attached just for voters who intend to apply for mail ballots. But that is also now struck down.

Here is the 35-page opinion.

The opinion also rejects the argument of the Republican National Committee that the federal law setting up the federal voter registration form can’t be applied to voters who vote in presidential elections.

New York Appellate Division Reverses Ballot Access Win for Candidate Whose Paperwork Was Delayed in the Postal Mail

As previously reported, a New York State Supreme Court had put Mike Stern on the November 7, 2023 ballot as an independent candidate for Putnam County Highway Superintendent. He had been challenged, even though he had enough valid signatures, because a form had not arrived in the office of the Board of Elections, even though Stern had postally mailed it six days before it was due. The Supreme Court had put Stern on the ballot despite the late arrival of the form.

But on September 12, the Appellate Division, Second Division, had removed Stern because his lawsuit to get back on the ballot had not been served on the Defendants by the correct date, so he is off the ballot, even though the Appellate Division found no fault with the substance of the lower court decision. Stern v Putnam County Board of Elections, 2023-08009. Here is the Appellate decision.

Law Professor Derek Muller Analyzes Minnesota’s History of Printing the Names of Ineligible Presidential Candidates’ Names on Ballots

Law Professor Derek Muller has an interesting article about Minnesota’s history of printing the names of presidential and vice-presidential candidates’ names on general election ballots, even though those candidates were under age 35 and the state was aware of that.

Colorado Lawsuit on Former President Donald Trump’s Ballot Status Goes to Federal Court and then Back to State Court Again

As noted earlier, some Colorado voters filed a lawsuit in state court on September 6, seeking to bar Former President Donald Trump from Colorado ballots. On September 7, attorneys for Trump transferred the case to federal court. On September 8, attorneys for the plaintiffs said the case should go back to state court.

On September 12, U.S. District Court Judge Philip A. Brimmer sent the case back to state court, for technical reasons. Here is his order. Anderson v Griswold, 1:23cv-2291.