The Tenth Circuit heard Frank v Lee, 21-8060, on May 17, 2022. The panel has still not issued its decision. The case is over the Wyoming law that does not permit First Amendment activity within 300 feet of the entrance to the polls. The U.S. District Court had struck it down, and the state had appealed. Generally courts have upheld 100-foot limits, but no greater distance.
On June 1, the Libertarian National Committee filed this brief in Libertarian National Committee v Salika, e.d., 5:23cv-11074. There are competing factions among Michigan Libertarians, and the National Committee argues that the faction it recognizes can force the other faction to cease to exist under its name, because of trademark law.
This blog post is by Richard Winger. Even though I have retired, and Bill Redpath will be adding most blog posts, I will also be adding some.
On May 17, some Indiana voters filed a federal lawsuit against the way Indiana chooses Superior Court Judges. In 89 of the 92 counties, judges are elected in partisan elections. But in Marion, Lake, and St. Joseph Counties, a merit panel chooses three potential judges for each seat, and the Governor chooses one of those three. The voters in those three counties therefore do not elect judges; all they can do is vote to accept or reject the gubernatorial choices.
The existing system for Marion County was passed after federal courts struck down that county’s old system, in which each party was only permitted to run nominees for half the seats, which meant that the voters had no choice, because generally only the Democratic and Republican Parties ran candidates for Superior Court Judge, so the elections were a foregone conclusion.
The case is Roberts v State and Holcomb, s.d., 1:23cv-828. Here is the Complaint. It charges that the unequal treatment of voters violates the federal Voting Rights Act as well as the Indiana Constitution. Thanks to ElectionLawBlog for this hews.
Here is the text of a written letter that has just been sent to all subscribers to the print edition of Ballot Access News:
“Dear subscriber, I write this letter with mixed emotions of joy and a tinge of sadness. After four decades of dedicated work as the founder and editor of Ballot Access News, I’ve decided it’s time for me to step down.
“I’m happy to say that since 1985, when Ballot Access News began, most states have improved their ballot access laws. The number of signatures to get on the ballot for president, for example (for candidates running outside the major parties) has dropped. In 1988 it was 609,048 signatures, but in 2020 it was 568,689. Also the percentage of the vote needed for a party to remain on the ballot has declined. In 1984 the median vote requirement was 5%, but today it is 2%.
“Ballot Access News will continue to bring you the content you expect. I’m pleased to announce that my friend Bill Redpath will be taking over the newsletter. Bill shares the same passion for fair ballot access laws that I feel, and he will bring a fresh perspective on how to make the newsletter more visible. In the meantime, I’ll remain involved in an advisory capacity to ensure a smooth transition. I trust that you’ll offer Bill the same support that you’ve extended to me all these years.
“A self-addressed stamped envelope is enclosed. To help plan the future, please answer the question below, and send that part of this letter back to me. Or e-mail your answers.” The bottom part of the letter asks about preference for receiving the newsletter electronically or by postal mail.
Those of you who furnish ideas and news items are encouraged to e-mail Bill Redpath, wredpath2@yahoo.com.
On June 1, Iowa Governor Kim Reynods signed HF 716, which tells political parties that they can’t allow postal ballots at presidential caucuses. The bill says all voters must be physically present. The Iowa Democratic Party caucus rules for 2024 do allow postal ballots, so a lawsuit is a possibility.
