Scotusblog Lists Mazo v Way as a Cert Petition to Watch

The venerable blog Scotusblog (meaning “Supreme Court of the U.S. blog) has chosen Mazo v Way, 22-1033, as a cert petition with a fair chance of being granted by the U.S. Supreme Court. Mazo v Way challenges the New Jersey law that allows a primary candidate to choose a ballot label, up to six words, but which restricts which words the candidate may choose.

The lower federal courts had upheld the law. The plaintiff-candidates have hired Paul Clement to be their attorney in the U.S. Supreme Court. He is a former Solicitor General of the United States. Here is his wikipedia page. Here is the cert petition.

Forthcoming Scholarly Book Will Have Chapter on U.S. Ballot Access Laws

A book will soon be published called “The Oxford Handbook of American Election Law.” It will have a chapter by Law Professor Derek Muller on ballot access laws.

This book should not be confused with an older book, “The Oxford Handbook of American Elections and Political Behavior”, which had no content relating to ballot access laws.

North Carolina State Court Ponders How to Interpret Law on Number of Signatures for an Independent Candidate

A North Carolina State Court of Appeals will soon decide how many signatures an independent candidate needs to get on the ballot for Orange County Commissioner. The law says an independent needs 4% of the number of registered voters in the district. In Orange County, there are two rounds for County Commissioner elections. In the first round, the voters of district two are the only voters. But in the run-off, the entire county votes.

See this story. The independent candidate, Connor Fraley, argues that the 4% should be calculated on the number of registered voters in district two, not in the entire county. He lost in the lower court but is appealing.

Lawsuit over District of Columbia’s Law Allowing Non-Citizens to Vote is Moved to Federal Court

Last year the city council of Washington, D.C., passed an ordinance letting adult permanent residents who are non-citizens vote for local office. In March 2023 some D.C. voters challenged the constitutionality of that law. On May 4 the case was transferred to federal court. Hall v D.C. Board of Elections, 1:23cv-1261. The case is assigned to U.S. District Court Judge Amy Berman Jackson, an Obama appointee.

The plaintiffs argue that allowing non-citizens to vote dilutes the voting power of citizens.