Prominent Democratic Party Attorney Op-Ed on Ballot Order Lawsuits

Marc Elias, a prominent election law attorney who represents the Democratic Party in many lawsuits, has this op-ed in the Washington Post about his lawsuits against laws that give Republicans the top line on the ballot in some states. The op-ed is very good, but it does not say anything about whether the principles of fairness should apply to all candidates and parties. The Elias briefs in ballot order lawsuits sometimes tell the courts that minor party and independent candidates should not be given an opportunity to be listed first on the ballot.


Comments

Prominent Democratic Party Attorney Op-Ed on Ballot Order Lawsuits — 7 Comments

  1. Marc Elias was the Democrat attorney opposing the Green Party ballot access in Montana, his clients argued they would have to spend more educating voters not to vote for the Green Party. That is, they had a property right to a monopoly.

    Marc Elias was also the bag man for the Steele dossier.

    5

  2. ME is also one of the top HACKS defending Donkey ANTI-Democracy RED communist gerrymanders in many States.

    IE one of the MOST EVIL ROTTED MONSTERS in the USA.
    —-
    PR and AppV and TOTSOP.

  3. Standard question — what MORON percent of voters are MORON robots and ALWAYS vote for the first candidate for each office — esp for USA Prez ???

    Half A-Z
    Half Z-A

    Random start letter AFTER all candidates file.

    Too difficult for useless courts and judges ???

  4. I am dubious whether there is a large effect for partisan offices where there are other clues, and the candidates are well known.

    If people are equivocal, they may choose the first. Chocolate or Vanilla? Vanilla or Chocolate? Scrambled or Over Easy? Scrambled; or Over Easy? Over Easy or Scrambled?

    On the other hand, in June 2018, there was a special election for California SD-32, concurrently with the election for a full term. The former senator, Tony Mendoza, had resigned just prior to being expelled.

    He then decided to run in the special election and the general election, which drew 9 candidates who ran in both elections. There were two additional candidates who drew 1.6% in the special, and one who drew 1.3% in the regular, so non-factors.

    There were two Republicans, Rita Topalian and Ion Sarega, who drew consistent results. Topalian received 25.0% and 24.4%; Sarega drew 9.2% and 9.4%.

    The three main Democrats were Bob Archuleta who received 11.7% in the special and 17.4% in the regular; Susan Delgado who received 16.2% in the special and 15.7% in the regular; and Mendoza who drew 14.4% in the special and 10.0% in the regular. The four other semi-major Democratic candidates collectively received 21.8% in the special and 21.4% in the regular election.

    Therefore you had a typical open seat in a heavily Democratic district, with the twist that the former incumbent was running for re-election. Finishing first among the Democrats ensured election.

    The top of the ticket had statewide races for governor and other executive offices and US Senator. There was a congressional election and dozens of legislative races in the Los Angeles area. Most voters would be totally unaware of the senate race or the candidates, and would susceptible to picking the first name .

    As a result of ballot position Bob Archuleta finished 2nd in the regular primary, and was easily elected in November with 67% of the vote against Republican Topalian.

    At the same election, on the same ballot, with substantially the same opponents, Archuleta finished 4th in the special election. Vanessa Delgado finished second and was elected in a stand-alone runoff, in August, but only a 53% to 47%

    So Archuleta won on a coin flip, and will presumably be in office until 2030.

    In Texas, Rick Green ran against Paul Green in a Republican primary for a position on the Supreme Court. Green won by a 57% to 43% margin. Texas orders primary ballots by lot in each county, and the first candidate in a county tended to do better.

  5. JR – what percent of folks even know who are top officers – USA Senator, USA Rep, Guv, AG, SOS, state sen, state rep to say nothing of local party hacks in counties, cities, etc. ???

    IE – top line on ballots = BIG effect ???

  6. @DR, AG, SOS, legislators are not top party hacks.

    President, US Senator, Governor are. US representative maybe. Outside Detroit, for example, the press will be able to concentrate on a single representative.

    In a Top-2 primary, being the first Democrat or Republican on the list may be an advantage.

    Remember James Stockdale’s debate line, “Who am I, what am I doing here?” That may reflect reality for many voters.

  7. @DR,

    In 2016 being last on a particular voting machine in Texas had a bonus effect for the last-placed candidate in the Republican presidential primary which had 13 candidates plus Uncommitted.

    Voters may have been confused by the presentation.

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