Tenth Circuit Has Been Pondering Wyoming’s 300-Foot Limit on First Amendment Activity at Polls for Over Ten Months

On May 17, 2022, the Tenth Circuit heard arguments in Frank v Lee, 21-8060. This is the case over Wyoming’s law that does not permit First Amendment activity within 300 feet of the entrance to the polls, on election day. The U.S. District Court had struck it down. The U.S. Supreme Court, in a Tennessee case, had previously upheld 100-foot zones, and Wyoming appears to be the only state with a zone that is bigger than that.

It seems odd that there is still no decision in the Wyoming case, given that the oral argument was over ten months ago.

Hawaii Bill to Replace “Faithless” Presidential Electors Advances

On March 17, the Hawaii House Judiciary & Hawaiian Affairs Committee passed SB 141. It provides that if a presidential elector doesn’t vote for the presidential candidate who carried the state’s popular vote in November, he or she is replaced.

On the same day, the same committee also passed SB 47, which changes the order of candidates’ names on ballots from alphabetical (by surname) to random.