The Brennan Center has this compilation of state court lawsuits which challenge redistricting plans for federal and state office as unconstitutional gerrymanders. The list includes all lawsuits filed against plans passed since the 2020 census. The list shows which cases are already settled and which ones are still active.
These lawsuits are separate from lawsuits that attack redistricting plans based on the Voting Rights Act.
On July 31, the Ohio Libertarian Party filed a complaint against Secretary of State Frank LaRose, accusing him of violating the Hatch Act by campaigning for Issue One, the ballot measure to make it more difficult to get initiatives on the ballot. The complaint is getting considerable publicity in Ohio.
See this story from Statehouse News Bureau.
The Columbus Dispatch has this longer story.
A National Public Radio station in Ohio has this story.
On July 31, the Colorado Republican Party filed a federal lawsuit against the 2016 law that requires the party to let independent voters vote in its primaries, unless the party state convention votes by a 3/4ths majority to close the primary that year. Colorado Republican Party v Griswold, 1:23cv-1948. The case is assigned to U.S. District Court Judge Robert E. Blackburn, a Bush Jr appointee. Here is the 22-page Complaint.
Whether parties have a constitutional right to exclude independents from their primaries is an open issue. Republican Party lawsuits on this subject have won in Idaho, but have lost in South Carolina and Virginia. The U.S. Supreme Court already ruled in Tashjian v Republican Party of Connecticut that parties have a right to demand that independents be allowed to vote in its primaries. And in California Democratic Party v Jones, it ruled that parties have a right to exclude members of other parties from their primaries. Thanks to Mike McCorkle for the news.
On August 8, Ohio voters vote on Issue One, which would make it more difficult to get a statewide initiative on the ballot, and also makes it more difficult to pass. Ohio Secretary of State is actively touring the state, speaking out in favor of the measure. He identifies himself as Ohio’s Secretary of State in his efforts.
On July 31, the Ohio Libertarian Party filed a complaint with the federal agency that enforces the Hatch Act. The Hatch Act applies not only to federal employees, but to state employees who administer federal funds. The Hatch Act bars such individuals from supporting candidates and also from trying to influence the outcome of any election, including ballot measures.
On July 31, a Utah state trial court ruled in favor of keeping Celeste Maloy on the September 5 Republican primary ballot. She is running in the special congressional election to fill the vacancy in the Second District. Her ballot status was challenged on the basis that she wasn’t a registered Republican when she filed. This news story says she was not registered at all on that date.
In 1986, the U.S. Supreme Court said that if a party wishes to nominate a non-member, it has a constitutional right to do that. Utah law says no one can run in a primary who is not a registered member of that party.
