Minor Parties and Independents File Notice of Appeal in Texas Ballot Access Case

On August 5, the minor parties and independent candidates who are challenging Texas ballot access laws filed a notice of appeal to the Fifth Circuit in Miller v Doe. This is the lawsuit filed in 2019 over many Texas ballot access laws.

The U.S. District Court had already upheld all the challenged laws, except for the provision that electronic signatures are not valid. The U.S. District Court had issued a final order on June 26, declaring that Texas must let independent candidates and minor parties use electronic signatures. The state then appealed that.

Because the state appealed the part of the case it lost, that meant the minor parties and independent candidates had a right to file a later notice of appeal for the parts of the case they lost. So all aspects of the case now go to the Fifth Circuit.

Warren, Michigan City Council Files Brief in Term Limits Lawsuit Concerning Mayoral Election

On August 7, the city council of Warren, Michigan, filed this brief in Fouts v The Warren City Council, e.d., 2:23cv-11868. This is the lawsuit over how to interpret the term limits law that regulates elections for Mayor and City Council of Warren. The incumbent Mayor, James Fouts, wants to run for re-election this year but he has been kept off the ballot because of the term limits law. The Mayor argues the law is being applied retroactively even though it shouldn’t be.

The City Council argues that the Mayor’s federal lawsuit should be dismissed, because he already litigated the issue in state court. Also it argues that he filed his federal lawsuit far too late. The first round of the election is August 8, 2023.

Democratic Party of Washington, D.C., Files Lawsuit to Block Initiative for Semi-Closed Primaries and Ranked Choice Voting

On August 1, the Democratic Party filed a lawsuit to block a proposed initiative that would allow independent voters to choose a partisan primary ballot, and which would also provide for Ranked Choice Voting in primaries and general elections.

The initiative proponents haven’t even collected the signatures yet. The lawsuit charges that the Home Rule Act and the District Charter provide for partisan elections for Mayor, City council, Attorney General, Delegate to the U.S. House, and “shadow” Senators and Reprsentatives. The lawsuit argues that letting independents vote in partisan primaries somehow violates the Home Rule Act and the Charter.

The lawsuit is D.C. Democratic Party v Bowser, 2023-CAB-004732, in Superior Court. The Superior Court functions like a state court for the District of Columbia, and is not a federal court. Thanks to ElectionLawBlog for this news. Currently D.C. has closed primaries.

New York Local Incumbent Kept Off Ballot Because Her Petition Didn’t List the Full Name of Her Position

Karen Bowen is running for re-election in November 2023, hoping to retain her job as the Harrisburg, New York Town Clerk and Tax Collector. Her petition filled out her office as “Town Clerk”, but it was invalidated because the full name of the job is “Town Clerk and Tax Collector.” Therefore she must run as a write-in candidate. See this story. Thanks to Joe Burns for the link.