Both Sides File Briefs in Lawsuit over Florida Order of Candidates on Ballot

On April 8, the Democratic Party filed this brief in Jacobson v Ertel, n.d., 4:18cv-262. This is the case over the Florida law that says the party that won the most recent gubernatorial election will always have the top line on the ballot for its nominees for all offices. The Democratic Party has not elected the Governor of Florida since 1994, and it hopes to win this case so that in future general elections, a random procedure will decide which candidates will be listed first.

The state government filed its brief on April 8 as well. It says that rotating the names of candidates in any particular election would be too complicated, but it says nothing about the alternate idea of having a random drawing each election to decide ballot order. The state also says that the Democratic Party has never before filed a lawsuit against any other state on this issue, and notes that in certain other states with the same type of law, the Democratic Party benefits. And the state claims that this law has existed since 1970 and the statute of limitations means that if the party didn’t like the law, it should have filed its lawsuit before 1975. And the state belittles the idea that ballot position makes any difference.


Comments

Both Sides File Briefs in Lawsuit over Florida Order of Candidates on Ballot — 4 Comments

  1. A TO Z — HALF
    Z TO A — HALF

    TOO DIFFICULT FOR STATIST ALPHABET M-O-R-O-N-S

    — ESP IN FL — WITH 2000 BUSH II V GORE.

    BIGGER AND BIGGER FED JAILS FOR ALL STATIST MORONS

    — 18 USC SECS 241-242.

  2. I just looked up the statutes you cited to on Westlaw. Can you explain how you believe they relate to this particular brief?

  3. Oklahoma had the Democrats in the top spot by statute until the mid-90s. Now we do a ballot order lottery. Primaries are done by random order. If we did away with the straight-party device I believe we would be able to do random order on general election ballots as well.

  4. 18 §241. Conspiracy against rights

    If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or District in the free exercise or enjoyment of [[[ any right or privilege secured to him by the Constitution or laws of the United States,]]] or because of his having so exercised the same; or
    If two or more persons go in disguise on the highway, or on the premises of another, with intent to prevent or hinder his free exercise or enjoyment of any right or privilege so secured-
    They shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, they shall be fined under this title or imprisoned for any term of years or for life, or both, or may be sentenced to death..
    —–
    18 §242. Deprivation of rights under color of law

    Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to [[[ the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States,]]] or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.

    —-
    Both sections are derived from post Civil War laws [NOT shown in the US Code due to MORON HACK editors].

    USA Election law violations are mainly about 14 Amdt, Sec 1 and now the 1st Amdt.

    — often NOT enforced if the same LAWLESS party hacks control the White House and State regimes.

    IE LAWLESS HACK Elephants in White House and in the Fl regime.

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