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electionlineWeekly — October 23, 2014

Table of Contents

 V. Legal Update

Florida: Last week a Florida Appeals Court ruled that a write-in candidate was wrongly disqualified from running for a state House seat. The court’s action will most likely once again cancel the primary race for the seat that was scheduled to coincide with the November 4 general election.

Kentucky: The 6th U.S. Circuit Court of appeals ruled that Kentucky officials may prohibit campaign activity on public property near polling places, but not private property.

New Mexico: The 10th Circuit Court of Appeals denied a motion by the Sandoval County clerk and the county’s elections director to expedite their appeal of a voter lawsuit. The plaintiffs wanted their appeal heard before the November 4 election, but court denied that timeline.

North Carolina: This week the North Carolina Court of Appeals ruled that an early voting site should be opened on the campus of Appalachian State University. The court lifted its stay on a lower court ruling paving the way for early voting on campus. The state’s board of elections has already filed an appeal with the N.C. Supreme Court.

Texas: Just after 5 a.m. Eastern on October 18 (a Saturday), the U.S. Supreme Court announced that it will let stand Texas’ voter ID law. While the court did not rule out the possibility of ruling on the law’s constitutionality at a later date, it did rule not to make a change to the state’s voting procedures this close to the election.