On July 21, the U.S. Court of Appeals, D.C. Circuit, issued an opinion in Stein v Federal Election Commission, 21-1213. The opinion upholds an April 2019 decision by the FEC that Stein must repay $175,272 in 2016 primary matching funds. Here is the 10-page opinion. The opiniion is by Judge Gregory G. Katsas, a Trump appointee. It is also signed by Judge Karen L. Henderson, Bush Sr. appointee; and Judge Robert L. Wilkins, an Obama appointee.

UPDATE: tp see a criticism of the ruling, go to jillstein.net.

There were two issues in the case. The first issue concerns timing. The FEC had changed the rules on when the period for raising matching funds ends. In the past it was the date of the latest party nomination process that the candidate had sought; but the new rule ends the period when the first party has made a nomination. Stein had sought both the Green Party nomination, which was settled on August 5, and the Peace & Freedom nomination, which was settled on August 14. She won the Green Party nomination but not the Peace & Freedom nomination.

There may not seem much difference between whether Stein’s period for raising donations (which the government matched) ended on August 5 or August 14, but she raised a lot of money during that 9-day period, and those donations could not be matched because of the FEC’s policy change. The Court opinion seems to hint that the judges feel the matching funds program, as applied to minor parties, is already more generous than it needs to be, and therefore the Court rejected the constitutional argument that the rule change is discriminatory.

The other issue concerned procedure, and whether Stein was clear enough in her messages to the FEC about an error that the FEC made when it calculated the repayment amount.

On July 26, the Ninth Circuit issued an opinion in Progressive Democrats v Bonta, 22-15323. The opinion strikes down a California campaign finance law that makes it illegal for local government employees to solicit campaign funds from their co-workers. Here is the opinion. It reverses the U.S. District Court’s opinion. Thanks to the Institute for Free Speech for this news.

On July 25, U.S. District Court Judge Henry T. Wingate, a Reagan appointee, enjoined a new Mississippi law that restricts who can assist a disabled voter in the absentee process. The federal Voting Rights Act says a disabled person can choose anyone to provide assistance except an agent of that voter’s employer or union.

But the new Mississippi law says no one can assist a disabled voter except a family member, household members, caregivers, or employees of the U.S. postal service or employees of the elections office. Here is the decision in Disability Rights Mississippi v Fitch, s.d., 3:23cv-350. Thanks to several people for this news.