Ninth Circuit Agrees with Lower Court that Oregon Constitutional Provision on Legislators Who Miss Legislative Sessions Can be Prevented from Running for Re-Election

On February 29, the Ninth Circuit issued an opinion in Linthicum v Wagner, 23-4292. It upholds the U.S. District Court decision, which says Oregon’s new state constitutional provision that does not permit legislators to run for re-election if they miss too many sessions of the legislature does not offend the First Amendment. Here is the opinion.

Maine Secretary of State Files Brief in Defense of Her Decision Blocking Robert F. Kennedy Petitioners at Polls on March 5

On February 29, the Maine Secretary of State filed her brief in Team Kennedy v Bellows, 1:24cv-52, the case on whether Robert F. Kennedy Jr. petitioners may petition at the polls on the presidential primary day, March 5. The state admits that there was no prohibition in 2020 for independent presidential candidates to petition at the polls at the presidential primary. However, it says that in reality, in 2020, there were no such independent presidential petitions circulating that early.

2020 petitions for president were circulated by Jo Jorgensen and Rocky De La Fuente, but they weren’t circulating as early as the date of the 2020 presidential primary. The state’s brief also admits that the order prohibiting Kennedy from petitioning didn’t come down until February 12, after some town clerks had already given permission.

If Kennedy does not win this case, his petitioners must be at least 250 feet from the entrance to the polls. Here is the state’s brief.