D.C. Circuit Sets Hearing Date for Jill Stein’s Appeal on 2016 Primary Matching Funds Repayment

Posted on by December 1, 2022
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The U.S. Court of Appeals, D.C., will hear Stein v Federal Election Commission, 21-1213, on Wednesday, January 18. The issue is whether Jill Stein, the 2016 Green Party nominee, must repay $175,000 in primary season matching funds. The FEC shifted the rules in 2016. Previously, the primary period ended when the presidential candidate had finished campaigning for the last party nomination in the calendar, which for Stein was her campaign for the Peace & Freedom nomination, which nominated on August 13, 2016. But the FEC changed that rule, and said the primary season ended when she won the Green Party nomination on August 5. Therefore, the money Stein received between August 5 and August 13 could not be matched, and the matching money she received for that period must be repaid, according to the FEC as it applies its newer rule.

Seven Independent Legislators Elected in New England States

Posted on by December 2, 2022
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On November 8, 2022, one independent was elected to the Massachusetts House; one was elected to the Rhode Island House; two independents were elected to the Maine House; and three independents were elected to the Vermont Hoouse.

Massachusetts: Susannah Whipps.
Maine: William D. Pluecker and Walter D. Riseman.
Rhode Island: Jon D. Brien.
Vermont: Jed Lipsky, Laura Sibilia, and Kelly Maclaury Pajala.

Six Alaska Independent Candidates Elected to State House

Posted on by November 30, 2022
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At the November 8, 2022 election, six independents were elected to the Alaska State House. Ironically, however, none of them were helped by Ranked Choice Voting. In all six races, either the independent had no opponent, or had just one opponent. So RCV didn’t have any effect on the race.

The six are Daniel Ortiz, Rebecca Himschoot, Calvin Schrage, Alyse Galvin, Bryce Edgmon, and Josiah Patkotak. The latter two were unopposed. The first four each had a Republican opponent.

National Republican Senatorial Committee Files Lawsuit to Overturn Limit on How Much Coordinated Money Parties Can Give Nominees

Posted on by November 30, 2022
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On November 4, the National Republican Senatorial Committee filed a federal lawsuit to overturn the federal campaign law that limits how much money parties can contribute to their nominees. Parties can already contribute an unlimited amount if the money is not coordinated with the candidate’s campaign, but there are limits if the party coordinates with the candidate.

The case is filed in Ohio. National Republican Senatorial Committee v FEC, 1:22cv-639. In order for this lawsuit to win, it will be necessary to persuade the courts that the U.S. Supreme Court was wrong when it upheld limits in 2001 in FEC v Colorado Republican Federal Campaign Committee. That was a 5-4 decision. It is likely that the Republican Party will lose this lawsuit in the lower federal courts, and that the U.S. Supreme Court will then hear the case. Scholars generally deplore the status quo, in which political parties have fewer rights to contribute money than virtually any other non-corporate groups. Thanks to the Institute for Free Speech for this news.

The case is assigned to U.S. District Court Judge Douglas R. Cole, a Trump appointee. J.D. Vance is a co-plaintiff, along with Steven Chabot.

Michigan Legislature Passes Bill Moving Presidential Primary from March to February

Posted on by November 30, 2022
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On November 29, the Michigan Senate Elections Committee passed SB 1207, which moves the presidential primary from the second Tuesday in March to the second Tuesday in February. Later in the day, the Senate passed the bill, 34-1. The sponsor is a Republican but the bill had bipartisan support in the Senate. UPDATE: see this analysis of the bill from FrontloadingHQ.

The date of the Michigan presidential primary has no bearing on any petition deadlines, nor on the primary for non-presidential office, which would continue to be in August.

In 2020, New Hampshire held its presidential primary on the second Tuesday in February. If Michigan SB 1207 passes, the New Hampshire primary will move into January. The New Hampshire Secretary of State controls the date of the New Hampshire presidential primary; no legislative action is needed in New Hampshire.

The Michigan legislature adjourns soon, so if the bill is to pass in this session, the House will need to act quickly.