North Carolina Files Brief in Lawsuit Over Composition of State Board of Elections

North Carolina law says the State Board of Elections is composed of five members, all of whom must be a registered member of one of the two largest parties. The major party that holds the governorship gets three members, and the other large party gets two members. UPDATE: see this story.

For some time, independent voters and their allies have been trying to win a lawsuit that says it violates the U.S. Constitution that an independent can never be on the board. The first such lawsuit was voluntarily dismissed, and a new lawsuit was filed by Common Cause earlier this year. The State officials who are being sued filed a brief on October 14, arguing that the plaintiffs don’t have standing. Here is the state’s brief. Common Cause v Moore, m.d., 1:22cv-611.

West Virginia Republican Party Official Files Lawsuit to Remove an Independent Legislative Candidate from Ballot

A West Virginia state trial court will hear a case on October 21, on whether to remove an independent State Senate candidate from the November 8 ballot. The challenge says that independent candidate Harry “Lee” Forbes is not eligible because he lives in Summers County. He is running in the Tenth District, which has two state senators. One of these seats is up this year, and the other is not. West Virginia has a unique election law relating to two-member legislative districts. It says both the office-holders must not live in the same county.

Because the incumbent whose term is not up this year already lives in Summers County, the lawsuit says Forbes should not have been put on the ballot, and that he should be removed. It is quite unusual for anyone to expect a court to remove someone from a general election ballot as late as October 21. The ballots would need to be reprinted. See this story.

U.S. District Court Enjoins Illinois Law Prohibiting Contributions to Judicial Candidates from Out-of-State Persons

On October 14, U.S. District Court Judge John J. Tharp, an Obama appointee, enjoined a new Illinois law that makes it illegal for out-of-state persons to contribute anything to the campaign of a judicial candidate. Chancey v Illinois State Board of Elections, n.d., 1:22cv-4043. Here is the opinion. Thanks to the Institute for Free Speech for the link.

Wyoming Legislative Committee Declines to Introduce Top-Four Bill

On Friday, October 14, the Wyoming Joint Corporations, Elections & Political Subdivisions Committee defeated 23LSO-0192, a proposal for a top-four system, in which parties would no longer have nominees, except for presidential electors.

The Wyoming legislature is not in session, but many committees are holding interim hearings. If the top-four measure had received support from the committee, then the committee would have become the sponsor of the bill in the 2023 session.