Florida Ballot Access Case Will Proceed in 2021

The Florida ballot access case filed by the Independent Party and the Party for Socialism and Liberation will proceed next year, toward a determination as to whether the law is constitutional or not. The law says that a ballot-qualified party cannot place a presidential nominee on the ballot unless it is either is recognized by the Federal Election Commission or unless it submits a petition of 132,781 signatures, due July 15.

The U.S. District Court and the Eleventh Circuit denied injunctive relief earlier this year, but that does not necessarily mean the lawsuit can’t win declaratory relief. The plaintiffs decided not to expedite the case, so it will proceed in 2021.

Democratic Party Wins Lawsuit Against West Virginia Ballot Order Law

On August 10, U.S. District Court Judge Robert C. Chambers, a Clinton appointee, issued an opinion in Nelson v Warner, 3:19cv-898. This is the Democratic Party’s lawsuit against the West Virginia law that puts the party that carried the presidential election in the last election on the top line of the ballot for all its nominees. The opinion declares the law unconstitutional. The state has appealed to the Fourth Circuit. On August 11, Judge Chambers refused to stay his own order, which had directed the state to come up with a neutral method to determine ballot order.

The Fourth Circuit case number is 20-1860. The states of Georgia and Texas have filed amicus briefs on the side of the state of West Virginia.

American Independent Party Nominates Rocky De La Fuente for President and Kanye West for Vice-President

On August 15, the American Independent Party, which exists only in California, held its state convention. It nominated presidential electors pledged to Rocky De La Fuente for president, and Kanye West for vice-president. The meeting was electronic with approximately 20 participants. The vote was unanimous, except for one abstention.

There is no law in California requiring general election presidential and vice-presidential candidates to assent to their nomination by a ballot-qualified party. The party had reached out to Kanye West in the past week, but could not reach him. De La Fuente, of course, had sought the party’s nomination and had placed second in the party’s March 2020 presidential primary.

Connecticut Presidential Primaries

On August 11, Connecticut held the nation’s last 2020 presidential primaries. There are no results yet on the Secretary of State’s website, but news reports say in the Republican primary, Donald Trump received 80%; uncommitted 13%; Rocky De La Fuente 7%.

The Democratic primary: Joe Biden 84.5%; Bernie Sanders 11.6%; uncommitted 2.4%; Tulsi Gabbard 1.4%. See this story.

New Scholarly Study Shows How New Jersey Primary Ballot Design Benefits Certain Candidates

New Jersey Policy Perspective has just released a study by Julia Sass Rubin, showing how New Jersey primary ballot design tilts the results. The paper does not cover general election ballots, but almost all counties in New Jersey have the same type of flaw in general elections. Democratic and Republican nominees have their own party column, in the left part of the ballot; everyone else lacks a party column and all the minor party and independent candidates are jumbled together in columns without headings.