On May 13, U.S. District Court Judge Mark Walker issued a two-page order in Jacobson v Lee, n.d., 4:18cv-262.  This is the case in which the Democratic Party challenges the Florida law that says the nominees of the party that won the last gubernatorial election are always listed on top.  Republicans have won every gubernatorial election in Florida starting in 1998, so have enjoyed the top spot on the ballot for over twenty years.

The order says that the trial set for July 15 will go on as scheduled.  Both sides had asked for summary judgment, but the judge rejected that idea.  He wrote, “Defendant’s arguments regarding justiciability, laches, standing, and the applicable statute of limitations are unpersuasive.”  This means the judge rejected all the state’s procedural objections to the lawsuit.

He also wrote, “There are material issues of disputed fact regarding ‘position bias’ and its purported effects on Florida elections as well as the viability of alternatives to the current scheme.  For example, at this juncture, this Court cannot ‘weigh’ the testimony of the experts.”