Alabama Party Petition for 2024 and 2026 Drops Due to Low Turnout Last November

Alabama has the nation’s most severe mandatory petition requirement for statewide party recognition, 3% of the last gubernatorial vote. No other state has a mandatory party recognition petition that is above 2% of the last vote cast.

However, the Alabama petition requirement for 2024 and 2026 is now lower than it was for 2020 and 2022. The 2020 and 2022 petition required 51,588 signatures. But the future petition is 42,459 signatures, due to a lower voter turnout in November 2022 than in November 2018.

The word “mandatory” means that the petition is required if a new party is to appear on the ballot. California, Minnesota, New Hampshire, and Rhode Island, have two procedures for new parties to appear on the ballot. For example, California has a 10% petition, but it is not mandatory, because a group that doesn’t want to use it is free to use the .33% registration procedure.

Little-Known Republican Presidential Candidate Files Lawsuit to Bar Former President Donald Trump from Running in 2024

On January 6, John Anthony Castro, a candidate for the Republican presidential nomination in 2024, filed a federal lawsuit, seeking to bar former President Donald J. Trump from seeking the Republican nomination, based on Section 3 of the Fourteenth Amendment. Castro v Trump, s.d., 9:23cv-80015.

A weakness in the case is that the 14th amendment, section 3, doesn’t bar anyone from running for office; it merely declares certain individuals ineligible to hold the office. The response to this lawsuit will probably be that it is not ripe. The case is pro se.

Castro lives in Mansfield, Texas. The lawsuit was filed in the southern district of Florida because Trump lives there. Thanks to Thomas Jones for this news. Here is the Complaint. The Complaint makes reference to keeping various persons off ballots in the aftermath of the Civil War, but of course there were no government-printed ballots back then so the issue of “Keeping someone off a ballot” did not arise back then.

U.S. District Court Strikes Down South Carolina U.S. House District Boundaries

On January 6, a 3-judge U.S. District Court struck down the South Carolina U.S. House boundaries for the First District as a violation of the Voting Rights Act. South Carolina Conference of the NAACP v Alexander, 3:21cv-3302. Here is the decision. The court asks the legislature to draw new boundaries by March 31, 2023. If the legislature does not do that, presumably the court will appoint a special master to draw new boundaries.

The decision is from Judge Toby Heytens (a Biden appointee), Mary Geiger Lewis (Obama), and Richard M. Gergel (Obama). Thanks to ElectionLawBlog for the link.

Pennsylvania Democratic Legislator Becomes an Independent on Assuming the Speakership

On December 4, Pennsylvania state representative Mark Rozzi changed his registration from Democratic to independent, which he had promised to do when he had been elected Speaker of the House earlier that day. See this story.

Rozzi was first elected as a Democrat in 2012 and had been re-elected as a Democrat ever since. In November 2022 he polled 63% of the vote against his Republican opponent. He lives in Berks County.

The election of an independent speaker came about because the chamber was almost perfectly divided, and because of several vacancies, it was difficult to say which party had a majority. Rozzi received support from all the Democrats and a substantial number of Republicans, as a compromise to help organize the chamber.

Fourteen of the Twenty Republican House Members Who Won’t Vote for Kevin McCarthy are from States That Let Independents Vote in Republican Primaries

Twenty U.S. House Republicans have been voting against Kevin McCarthy for Speaker. This blog post takes no position on the wisdom of these Representatives’ decision not to vote for their party’s nominee for Speaker. But it seems obvious that the twenty are not “centrists”, or “moderates”.

Open primaries, and proponents of eliminating party nominees in public elections, constantly claim that letting independent voters vote in primaries produce more moderate office-holders. Yet among the twenty who won’t vote for McCarthy, fourteen of them are from states in which independent voters can vote in Republican primaries.

Here is the list of the twenty. The six who are from closed primary states are one from Oklahoma, three from Florida, one from Pennsylvania, and one from Maryland.