On September 6 the New Jersey Supreme Court declined to accept the lawsuit In re Tom Malinowski, 088473. This is the lawsuit filed in 2022 in New Jersey state court, arguing that the ban on fusion violates the New Jersey Constitution. There has never been a decision in this case, in any court. It will now proceed in the State Appellate court. The plaintiffs had thought that perhaps the State Supreme Court would like to hear this case even before it has had a decision in any lower court.
According to news stories from Idaho, the Idaho House of Representatives does not support efforts to call a special session to restore presidential primaries. So Idaho will almost certainly use caucuses next year instead.
The Constitution Party of Idaho has a policy of not listing any presidential nominee in November who had not won the party’s Idaho presidential primary, but that policy has no meaning if there is no primary.
On the evening of Friday, September 15, the Executive Board of the Florida Republican Party repealed a bylaw that says no one can be on the party’s presidential primary ballot without signing a pledge to support the party’s presidential nominee in November.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.
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.
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.
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.
