Seventh Circuit Will Hear Illinois Ballot Access Case on December 5

The Seventh Circuit will hear Gill v Scholz on December 5, Monday. This is the case that challenges the 5% petition for independent candidates, and the nominees of unqualified parties, for U.S. House. It is a very old case; it had been filed in 2016.

The state argues that the case is moot because since 2016, the districts have new boundaries.

Portland (Oregon) Tribune Endorses Single Transferable Vote Initiative

On November 8, Portland, Oregon voters will decide whether to pass an initiative to change future city council elections. The initiative provides for single transferable voting, which is a form of proportional representation. There would be four city council districts, each electing three members. Candidates with slightly more than 25% support would be elected. Thus minority as well as majority viewpoints would be represented on the council.

The Portland Tribune endorsed the measure in its October 13 issue. The Portland Tribune is a free weekly print publication. Thanks to Fairvote for this news. The editorial itself is behind a pay wall.

Eighth Circuit Won’t Rehear Case on County Distribution Requirement for Statewide Initiatives

On October 5, the Eighth Circuit refused to rehear Eggers v Evnen, 22-2268. This is the Nebraska case on statewide initiative petitions. The state has a county distribution requirement, and the Eighth Circuit had upheld it last month. The vote had been 2-1. This case will probably be appealed to the U.S. Supreme Court. The Ninth Circuit has repeatedly struck down county distribution requirements for statewide initiatives, so there is a clear circuit split.

The basis for decisions that have struck down county distribution requirements for various types of statewide petitions is that because counties have unequal populations, these requirements invariably give more power to voters living in small-population counties than in populous counties.