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.

Fifth Circuit Strikes Down Mississippi Ban on Ex-Felon Voting on Eighth Amendment Grounds

On August 4, the Fifth Circuit struck down Mississippi’s ban on ex-felon voter registration. The basis is the Eighth Amendment, which says, “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”

Here is the decision in Hopkins v Hosemann, 19-60662. The vote was 2-1.