The National Committee of the Democratic Party is fighting to overturn the Arizona law on the order of candidates on the general election ballot. Arizona law puts the nominees of the party that won the last gubernatorial race (within each county) on the top line of the ballot.

On September 13, the Democratic Party filed this two-page letter brief, explaining that the fact that the party had lost its West Virginia case on September 1, on the same issue, should not control the Arizona case.

In 2020, the Democratic Party had filed lawsuits against six states that were putting Republican nominees on the ballot above Democratic nominees. So far the party had lost all of them, except the Arizona case is still alive. The other states, besides West Virginia, were Florida, Georgia, Texas, and Minnesota. The Democratic Party briefs in these cases consistently weaken their own case, by always arguing that any relief should only apply to major parties, and not minor parties or independent candidates.