On September 1, the Fourth Circuit issued an opinion in Nelson v Warner, 20-1860. This is the Democratic Party case against the West Virginia law on ballot order. It says the nominees of the party that carried the state for President in the last election are always listed first. The vote was 2-1, and one of the judges in the majority is not in full-time service. Therefore, it seems somewhat likely that the Democratic Party will ask for a rehearing en banc. Only full-time judges can vote on whether to rehear a case before the entire membership of Fourth Circuit judges.

The opinion is by Judge Barbara Keenan and it is also signed by Judge Stephanie Thacker. Both are Obama appointees. The dissent is by Judge James A. Wynn, also an Obama appointee.

Joshua Spivak has this article in The Hill, about the pending lawsuit to overturn the California recall system. The article is interesting because it reveals that quite a few other states have similiar provisions.

On August 31, both sides in the Texas ballot access case filed briefs in support of Summary Judgment. If the judge rejects both of them, there will be a trial. First, though, each side may file one rebuttal brief. The case challenges all the ballot access restrictions that affect independent candidates and the nominees of parties other than the Republican and Democratic Parties. Some of those restrictions hamper the two minor parties that are ballot-qualified, the Libertarian and Green Parties. But most of the challenged laws affect parties that are not now on the ballot but which would like to be, such as the plaintiff Constitution Party.

Here is the brief of Plaintiffs.

Here is the brief of the state.