U.S. District Court Upholds New Jersey Law Concerning Ballot Labels in Primary Elections

On July 30, U.S. District Court Judge Freda L. Wolfson, a Bush Jr. appointee, upheld a New Jersey law concerning ballot labels in partisan primary elections. Mazo v Way, 3:20cv-8174. Here is the 37-page opinion. New Jersey primary ballots, unlike primary ballots in any other state, let candidates name an individual or an organization that has endorsed the candidate. But the law says if an individual or group is named, it must give permission to the candidate to use its name. The plaintiffs wanted to mention some individuals and groups that had not given permission, but the judge ruled against the candidates.

This case should not be confused with Conforti v Hanlon, another New Jersey case involving primary ballots that is pending before another U.S. District Court Judge. Conforti v Hanlon concerns the structure of the primary ballot, in which some candidates get better treatment than others.

Governor Andrew Cuomo Says He Will Resign

On August 10, New York Governor Andrew Cuomo said he will resign soon. It is not clear if his resignation will encourage the New York legislature to repeal any part of his 2020 legislation to make ballot access far more difficult. He forced those changes on the legislature by putting them in the budget bill, which the legislature had to pass. They increased the statewide petition for independent candidates, and the nominees of unqualified parties, from 15,000 signatures to 45,000. They also altered the definition of a qualified party from a group that had polled 50,000 votes for Governor, to a group that had polled 2% of the vote for the top of the ticket in every even-numbered election. Thanks to Thomas Jones for the news about the resignation.

Eleven Texas Democratic State Senators Introduce a Bill to Repeal Ban on Voting in Primary and Signing for a New Party or Independent Candidate

On August 9, eleven Democratic State Senators introduced a bill to repeal the Texas “primary screenout” law. That law prohibits voters from signing a petition for a new party or an independent candidate, if the voter had voted in a primary that year. The bill, SB 58, is sponsored by Sarah Eckhardt, Carol Alvarado, Cesar Blanco, Roland Gutierrez, Juan Hinojosa, Nathan Johnson, Eddie Lucio, Jose Menendez, Beverly Powell, John Whitmire, and Judith Zaffirini. Thanks to Art DiBianca for this news.

Mayor of Buffalo, New York, Seeks Re-Election as a Write-in Candidate, Despite Losing Democratic Primary

Mayor Byron Brown, of Buffalo, New York, is actively raising money for his re-election, even though he lost the June 2021 Democratic primary. He is running in November as a write-in candidate. See this story. The winner of the Democratic primary, India Walton, will be the only name on the November ballot.

Florida Won’t Appeal U.S. District Court Decision that Struck Down Limits on Contributions to Initiatives

Florida’s Attorney General has announced that the state will not appeal the U.S. District Court decision in ACLU of Florida v Lee, n.d., 4:21cv-190. That decision enjoined the new law that made it illegal for anyone to contribute more than $3,000 to a campaign for a statewide initiative. Thanks to the Free Speech Institute for this news.