On June 15, U.S. District Court Judge Susan Richard Nelson, an Obama appointee, issued an order in Pavek v Simon, 0:19cv-3000. This is the case filed by the Democratic Party over the order of candidates on the general election ballot. The existing law says the nominees of the qualified parties appear above the independent candidates and the nominees of the unqualified parties. The existing law puts the qualified party that got the fewest votes in the last election on the top line, and puts the qualified party that got the most votes in the last election on the bottom line, although above the independent candidates.

Minnesota currently has four qualified parties: Democratic-Farmer-Labor, Republican, Legal Marijuana Now, and Grassroots-Legalize Marijuana.

Here is the order. It is possible the Democratic Party won’t gain any actual advantage from this ruling. Whereas before the Republican Party was listed on the top line in all races in which either of the two marijuana parties have no nominee (which is the great majority of the partisan races), the lottery may produce a result that still puts Republicans above Democrats.

The order says that the state should hold a lottery among the qualified parties, to determine the order for their nominees. The order rejected the other alternative, to rotate all the candidates (even the independent candidates and the nominees of the unqualified parties) within each precinct, so that every candidate would appear on the top line in a certain share of precincts. Thanks to Rick Hasen for the link.