New Jersey Case on Primary Ballot Labels Appealed to Third Circuit

The New Jersey candidates who are fighting the New Jersey law on primary ballot labels have appealed to the Third Circuit. Mazo v Way, 21-2630. The law lets candidates in primaries choose labels, but if the labels mention an organization or an individual, the candidate must get permission from that group or organization. The plaintiffs want to have that restriction struck down.

Democratic Party Loses West Virginia Ballot Order Lawsuit by Vote of 2-1

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.