Alabama Voter Plaintiffs in Congressional Redistricting Case File Brief in Opposition to State’s Request for a Stay

On September 5, a 3-judge U.S. District Court in Alabama struck down the state’s new U.S. House redistricting plan. The state then asked for a stay. Now the voter-plaintiffs who won the case have filed a brief explaining why the court should not stay its own opinion. Singleton v Allen, n.d., 2:21cv-1291.

The brief argues that the map proposed by the voter-plaintiffs is not a “racial gerrymander” because it conforms to the traditional characteristics of an acceptable plan, plus having the virtue of promoting fair representation for Black voters.

It is extremely likely that the U.S. District Court will not stay its own decision. At that point the state will ask the U.S. Supreme Court for a stay.

California Elected Official Files Lawsuit to Keep Former President Donald Trump Off 2024 Ballots

On August 8, an elected California public official filed a federal lawsuit to keep former President Donald Trump’s name off 2024 ballots. Schaefer v USA and Donald Trump, s.d., 3:23cv-1451. The plaintiff is a member of the California Board of Equalization, elected as a Democrat to the four-member board in November 2022. In the past, however, he has been a registered Republican.

So far, no action has been taken in the case. Here is the Complaint.

Excerpt of New Book on US Democracy Published on theatlantic.com

Whether you agree or disagree (and I largely agree) with the content of this excerpt of the book “Tyranny of the Minority: Why American Democracy Reached the Breaking Point,” by Steven Levitsky and Daniel Ziblatt, which will be released on September 12, 2023, you will probably learn a lot about the US and other democracies of the world. I highly recommend this article.

U.S. District Court Strikes Down Austin, Texas’ Ban on Receiving Campaign Contributions More than One Year Before Election

On August 30, U.S. District Court Judge Robert Pitman, an Obama appointee, struck down an Austin, Texas campaign finance restriction. Virden v City of Auustin, Texas, w.d., 1:21cv-271. The law forbade candidates for city office to receive campaign contributions more than one year before the election. Here is the 18-page decision.

It seems logical that if the First Amendment prevents governments from outlawing raising money outside of some designated period, by analogy the First Amendment ought to also prevent governments from barring candidates and parties from petitioning outside of designated periods. The U.S. Supreme Court has held that petitioning is First Amendment activity. Thanks to the Institute for Free Speech for news about this decision.

Mississippi Lets Democratic Party Replace its Secretary of State Nominee Only Two Months Before Election

On September 6, the Democratic nominee for Mississippi Secretary of State, Shuwaski Young, withdrew from the race, citing health problems. Also on September 6, state election officials said the party is free to substitute a new nominee, even though the election is only two months away. On September 7 the Democratic Party chose a replacement, Ty Pinkins.

Mississippi election law doesn’t have a deadline for a party to replace a nominee. The election is November 7, 2023. Mississippi, Kentucky, and Louisiana are the three states electing governors this year.