Federal Lawsuit Filed Against 2021 New York Law That Won’t Let Primary Voters Cast a Write-in for a Member of Another Party

On August 18, a new lawsuit was filed against the 2021 New York law that won’t let primary voters cast a write-in vote for someone who is not a member of that party. Frentzel v Mohr, w.d., 1:23cv-854.

A somewhat similar lawsuit had been filed earlier in state court, Kowal v Mohr. Although the trial state court struck down the law, the appellate state court reversed and upheld the law. Thanks to Joe Burns for this news. Here is the federal Complaint, which is assigned to U.S. District Court Judge John L. Sinatra.

Florida State Trial Court Strikes Down U.S. House Districting Plan

On Saturday afternoon, September 2, a state court in Florida issued an opinion striking down the state’s U.S. House districting plan. The basis is the Florida Constitution, which says in Article III, section 20, “No plan shall be drawn with the intent to favor or disfavor a political party or an incumbant; and districts shall not be drawn with the intent or result of denying or abridging the equal opportunity of racial or language minorities to participate in the political process…”.

Here is the decision in Black Voters Matter v Byrd, Leon County, 2022-CA-666. Thanks to ElectionLawBlog for the link.

U.S. District Court Rules That Voters Don’t Have Standing to Challenge Former President Donald Trump’s Ballot Position

On August 31, U.S. District Court Judge Robin Rosenberg, an Obama appointee, issued a six-page order in Caplan v Trump, Florida s.d. 0:23cv-61628. The case had been filed by three voters alleging that Former President Donald Trump should be barred from the Florida 2024 Republican presidential primary, on “insurrection” grounds. The judge ruled that the voters don’t have standing. In support of her conclusion, she cited several cases from the 2008 election, when various voters filed somewhat similar lawsuits to keep former President Barack Obama off the ballot on the grounds that he was not a natural-born citizen. Here is the order.

Five Oregon State Senators Sue Secretary of State Over Directive Banning Them from Running for Re-Election

On August 25, five Oregon State Senators filed a lawsuit in the State Court of Appeals over the Secretary’s recent directive that bars those Senators from running for re-election in 2024. The basis for the Secretary of State’s directive is the new constitutional amendment that does not permit legislators with more than ten unexcused absences to run. The Senators argue that the Secretary is misreading the constitution, and that the exclusion should not be in effect until 2026. Knopp v Griffin-Valade. Here is the filing.

The Senators’ filing also says they expect to file another lawsuit soon that argues the new Oregon constitutional amendment violates the U.S. Constitution. Thanks to Democracy Docket for the link.