Federal Lawsuit Filed to Overturn How Indiana Chooses Superior Court Judges

Posted on by June 2, 2023
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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.

Personnel Change for Ballot Access News

Posted on by June 1, 2023
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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.

California Bill Banning Initiative Circulators Per-Signature in Most Cases Passes Assembly

Posted on by June 1, 2023
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On May 31, the California Assembly passed AB 421 by 60-18. It outlaws paying initiative circulators on a per-signature basis, but it makes an exception for initiatives in which the backers are able to collect 5% of the needed signatures with volunteer petitioners.

It also changes the ballot description for referenda, so that the ballot is less confusing. Referenda questions on ballots of all jurisdictions are often confusing, because “yes” and “no” are inherently ambiguous. A voter may not know whether “yes” means “Yes, repeal the law”, or “Yes, keep the law.”

U.S. Supreme Court Releases No Election Law Cases on June 1

Posted on by June 2, 2023
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On June 1, the U.S. Supreme Court released three opinions, but none of them are election law decisions. The next day for release of opinions is Thursday, June 8, followed by June 15 and June 22.

Election law decisions that are still pending are on redistricting, including a North Carolina case on whether the Republican-majority legislature aruged that the State Supreme Court had no right to invalidate the state’s districts on State Constitutional grounds. That case is Moore v Harper, 21-1271. The other pending election law decision is from Alabama, Allen v Milligan, 21-1086.