Democratic Candidate for Mayor of New Haven Sues to Get on Primary Ballot

New Haven, Connecticut, has partisan city elections. The Democratic primary for Mayor and other city offices is September 12, 2023.

On August 16, a Democratic candidate for Mayor, Shafiq Abdussabur, was told that he didn’t have enough valid signatures. He needed 1,623 and was told he only had 1,406. Many signatures were rejected because they were illegible. However, Abdussabur re-valided enough signatures, using his own volunteers, and filed a lawsuit that same day, trying to show he does have enough valid signatures. Abdussabur v Evans.

The hearing was on August 23. At the hearing, the city clerk argued that the Purcell Principle prohibits the court from putting Abdussabur on the ballot. This is a false argument. “The Purcell Principle” came into being in 2006, when the Ninth Circuit had enjoined Arizona’s voter id procedures, and the U.S. Supreme Court had then quickly stayed the order of the Ninth Circuit on the grounds that voting procedures should not be changed too close to an election. Purcell v Gonzalez, 549 U.S. 1.

Now the notion has been spreading that the Purcell Principle means candidates cannot be added to the ballot too close to an election. But voting procedures are a different subject than the list of candidates on the ballot. It is obvious from past U.S. Supreme Court precedent that there is no constitutional principle that keeps candidates who had been unjustly barred from the ballot from seeking last-minute relief. In 1968, the U.S. Supreme Court determined that George Wallace should stay on the Ohio ballot in October 15, 1968. In 1976 the U.S. Supreme Court put Eugene McCarthy on the ballot as an independent in Texas on September 30. And most radical of all, in 1992 the U.S. Supreme Court put the Harold Washington Party on the Cook County, Illinois ballot, on October 25, only two weeks before the election.

Here is an article about the New Haven hearing. The ballots have not yet been printed, except for some absentee ballots.

Mississippi Asks for Rehearing in Case on Ex-Felon Disenfranchisement

On August 18, the state of Mississippi asked the Fifth Circuit to rehear Hopkins v Hosemann, 19-60662. This is the case in which the original panel of Fifth Circuit judges struck down the state’s ban on ex-felons being able to register to vote, on the grounds that the law violates the Eighth Amendment. Here is the state’s brief.

On August 21, the Fifth Circuit asked the plaintiffs to respond by August 31.

Libertarian National Committee Wins Preliminary Injunction in Michigan Trademark Litigation

US District Court Judge Judith Levy (Eastern District of Michigan) today delivered an oral opinion granting a Libertarian National Committee (LNC) request for a Preliminary Injunction denying the right of a group of Michigan Libertarians currently not recognized as the Libertarian Party of Michigan by the LNC to use the trademarked name Libertarian Party to identify their organization. A written opinion has not yet been issued but is expected in the very near future, possibly today.

U.S. District Court Strikes Down Some New Mexico Campaign Contribution Limits that Affect Political Parties

On August 17, U.S. District Court Judge William P. Johnson, a Bush Jr. appointee, struck down three New Mexico campaign contribution limits, but upheld other campaign finance limits. Republican Party of New Mexico v Torrez, 1:11cv-900.

The laws struck down are: (1) a $5,500 limit on contributions from a state party to a county political party; (2) a $5,500 limit from a state party to its nominee for any office other than Governor; (3) an $11,000 limit on contributions from a party to its own gubernatorial nominee.

Laws upheld are: (1) a $27,500 limit on contributions from an individual to a party; (2) a $27,500 limit on contributions from a national party to a state party (however, the limit doesn’t apply to federal office).

Most of these laws were passed in 2009. This lawsuit was filed in 2011. In all those years, the laws had been partially enjoined and various softening amendments had passed the legislature. Thanks to the Institute for Free Speech for this news. Here is the decision. The decision has some useful tables showing the laws of all states. Page 34 compares all the states on the variable of how much individuals may give to a party. Page 51ff has charts on laws of each state on limits from national parties to state parties. At the end of the decision there is a chart showing each state’s limit on out-of-state contributions.

No Labels Starts Social Media Campaign in Maine Criticizing State’s Election Officials

No Labels is now recognized as a political party by ten US states, but not yet in Maine, where it is trying to become a political party by enrolling 5,000 Maine voters as No Labels registered voters. There has been controversy, however, as it has been claimed by the Maine Secretary of State that many enrollees thought they were only signing a candidate petition, not becoming members of a new political party in the eyes of the state, which would deny them the right to vote in other parties’ primaries in Maine. No Labels has responded by starting a social media campaign in Maine responding to these charges. Here is the story.