Minnesota Supreme Court Dismisses Attempt to Bar Trump from State’s Primary Ballot

Here is the story from the Associated Press on today’s ruling.

Here is the four-page opinion in Growe v Simon, A23-1354. It is unanimous. The Court says that the purpose of the presidential primary is to enable Republican voters to choose delegates to the national convention, and there is no basis to interfere with the Republican presidential primary. It says there is no law that says a presidential primary ballot cannot let people vote for delegates who are pledged to vote for an unqualified candidate at the national convention.

This decision could conceivably have turned out differently if the case were about the general election bvallot, but the Court said any decision about the general election ballot, even if it were to be filed soon, would not be ripe. Thanks to Derek Muller for the link to the decision.

Plaintiffs ask for Rehearing En Banc in Tenth Circuit in Wyoming Case Over the “No Politics” 300-foot Zone

On November 6, the plaintiffs in Frank v Lee, 21-8058, filed this request for reconsideration en banc in the Tenth Circuit. This is the case over the Wyoming law that does not permit political activity within 300 feet of the entrance to a polling place. The original 3-judge panel assigned to the case upheld the law last month.

Laws such as Wyoming’s make petitioning near the polls almost impossible.

Some Oregon Legislators File Federal Lawsuit to be Allowed to Run for Re-Election

On November 6, some Oregon Republican legislators filed a federal lawsuit, in order to win their right to run for re-election. They are currently barred from running for re-election because they boycotted too many sessions of the legislature. Under a new Oregon law, legislators who have too many unexcused absences cannot run for re-election. Linthicum v Wagner, 6:23cv-1624. Here is the Complaint, which charges that the First Amendment protects them, and that they are being punished for expressive activity. Thanks to Thomas Jones for this news. The case is assigned to U.S. District Court Judge Ann Aiken, a Clinton appointee.

The legislators also have a pending case in the Oregon Supreme Court, which argues that the prohibition has been applied incorrectly to them, and that even if the prohibition is valid, it does not apply to them until the 2026 election.