New York has three candidates for U.S. Senate on the November 2022 ballot, the Democratic and Republican nominees, and independent candidate Diane Sare. Spectrum News is sponsoring a Senate debate on October 30, but it has only invited candidates who are at 15% at the polls. However, there is no poll in New York that has asked respondents about their support for Sare. All four of the polls relied on by Spectrum News have asked respondents if they favor the Republican or the Democrat, and did not ask respondents about anyone else, not even the generic “other.”
On October 21, the Alaska Supreme Court issued its opinion in Kohlhaas v state. The opinion is unanimous and is 57 pages. It explains why it had ruled on January 19, 2022, that the top-four initiative is constitutional. The oral argument had been on January 18, and the next day the court had said the initiative is constitutional and that it would explain later. Now it has issued its explanation.
The most interesting part of the decision is the Court’s criticism of the Maine Supreme Court’s 2017 decision that had held that ranked choice voting violates the Maine Constitution, as applied to state office. Maine still lacks ranked choice voting for state office, in general elections (but not primaries) because the Maine Supreme Court ruled that ranked choice voting conflicts with a provision of the Maine Constitution that requires plurality elections for state office.
Last week, it was revealed that Schuyler County, Illinois ballots for November 8, 2022, list the wrong Republican nominee for U.S. Senate. The ballots have since been reprinted, but some votes had already been cast. See this story. Schuyler County is an overwhelmingly Republican county; in November 2020, Donald Trump received 71.0% of the vote in the county. Thanks to Bill Redpath for the link.
On October 21, the Pennsylvania Supreme Court affirmed the order of the Commonwealth Court in Republican National Committee v Chapman, 100 MAP 2022. The vote is 3-3, because there are only six justices on the court, due to the death of a justice a few weeks ago. On a tie vote, the ruling of the lower court stands.
The issue was whether county election boards may have procedures to notify a postal ballot voter that there is a problem with the ballot, and give that voter a chance to fix the problem. The Supreme Court did not write any text. Here is the order.
On October 17, a Kentucky State Appeals Court kept Rob Johnson, a Republican, on the ballot as a candidate for trial court judge. He had been challenged on the grounds that he is married to a District Attorney, and therefore could not hear many criminal cases. The court said that is a matter for the voters when they decide whom to vote for. See this story.