On August 20, West Virginia filed this brief in Wilson v Justice, s.d., 2:20cv-526. This is the case over whether independent gubernatorial nominee Marshall Wilson should receive any ballot access relief due to the health crisis.
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On August 18, the Fourth Circuit stayed the U.S. District Court decision that had told West Virginia to use a random procedure to determine the order of candidates on the ballot. The West Virginia law says the party that carried the state for president in the last election enjoys the top line for all its nominees. The U.S. District Court had found that unconstitutional, in a lawsuit filed by Democrats. The result of the Fourth Circuit stay is that West Virginia’s law will continue in place during 2020, and Republicans will be listed first.
The three judges who handled the Fourth Circuit appeal are Stephanie Thacker and James Wynn (Obama appointees), and Julius Richardson (a Trump appointee). Nelson v Warner, 20-1860.
On August 17, Democrats sued the Texas Green Party and won a court order in state court, ordering party leaders to tell election officials that most of their 2020 nominees are “not qualified.” On Wednesday, the courts removed the candidates. The basis is that they didn’t pay the filing fees. But the law requiring candidates of convention parties to pay filing fees was enjoined a few months ago, although then the State Appeals Court stayed that ruling. See this story.
The ruling has no effect on the presidential race, but it removes all the Green Party’s other statewide nominees. At any time, the other panel of the State Court of Appeals could issue a ruling on the constitutionality of the filing fee.
On August 20, the Montana Green Party nominees asked the U.S. District Court to grant an injunction to postpone certification of the November ballot for a brief time, so that they can appeal the decision yesterday that removed the party from the ballot. Here is the 4-page request.
Some individuals and groups that supported Bernie Sanders for president this year, and in 2016, are not satisfied with the Democratic Party. They plan to organize their own Peoples Party, and contest the 2024 presidential election. Marianne Williamson, who sought the Democratic nomination this year, has joined them. See this story. Thanks to Tim Phares for the link.