On September 3, the U.S. Supreme Court declined to act in the Michigan dispute over whether an initiative has enough valid signatures. Americans v Citizen Voting v Michigan Board of State Canvassers, 26A275.
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On September 3, the Missouri Supreme Court unanimously ruled that the referendum petition filed months ago must go on to the November ballot. The referendum concerns U.S. House district boundaries. When the legislature redrew the U.S. House districts earlier last year, opponents of the new lines mounted a referendum petition. But then the Secretary of State refused to put it on the ballot, arguing that the referendum process can’t be used to alter federal election rules. The State Supreme Court has reversed that decision. Furthermore, this means that the old districts will not be used until after the voters vote on the issue.
The Secretary of State says he will ask the U.S. Supreme Court to reverse the State Supreme Court. Here is the State Supreme Court opinion. Harris v Hoskins, SC101806.
Jeff Singer and David Nir of The Downballot here describe the Massachusetts campaign for and against Question Three, the top-two initiative.
As is normal for articles, nothing is said about how the initiative makes it far more difficult for a minor party to be ballot-qualified. The relatively easy way currently for a party to be ballot-qualified is by polling 3% for any statewide race. It is fairly easy for a minor party to meet this test in midteerm years, when Auditor, Treasurer, and Secretary of State are on the ballot. Most voters don’t care very much who wins for those offices, and therefore voters are generous to third party candidates in those races. But if the initiative passes, parties won’t have nominees (except for president) so that option would be gone.
On September 2, the New Mexico Forward Party filed a notice of appeal in its ballot access case.
The New Hampshire Secretary of State has determined that Edmond Laplante, the Constitution Party’s U.S. Senate candidate, has enough valid signatures. This is the first time the Constitution Party has ever appeared on the New Hampshire statewide ballot in a midterm year. Thanks to Independent Political Report for this news.