On August 18, the Fourth Circuit stayed the U.S. District Court decision that had told West Virginia to use a random procedure to determine the order of candidates on the ballot. The West Virginia law says the party that carried the state for president in the last election enjoys the top line for all its nominees. The U.S. District Court had found that unconstitutional, in a lawsuit filed by Democrats. The result of the Fourth Circuit stay is that West Virginia’s law will continue in place during 2020, and Republicans will be listed first.

The three judges who handled the Fourth Circuit appeal are Stephanie Thacker and James Wynn (Obama appointees), and Julius Richardson (a Trump appointee). Nelson v Warner, 20-1860.