Prominent Democratic Party Attorney Op-Ed on Ballot Order Lawsuits

Posted on by January 4, 2020
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Marc Elias, a prominent election law attorney who represents the Democratic Party in many lawsuits, has this op-ed in the Washington Post about his lawsuits against laws that give Republicans the top line on the ballot in some states. The op-ed is very good, but it does not say anything about whether the principles of fairness should apply to all candidates and parties. The Elias briefs in ballot order lawsuits sometimes tell the courts that minor party and independent candidates should not be given an opportunity to be listed first on the ballot.

Andrew Yang Won’t be on Ohio Democratic Presidential Primary Because of a Technical Flaw

Posted on by January 4, 2020
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According to this article in The Hill, Andrew Yang won’t be on the March 2020 Ohio presidential primary ballot because most of his petitions did not have a copy of the signed declaration of candidacy signed by Yang. He will campaign as a write-in candidate in that primary.

The Ohio official list of candidates won’t be released until January 7. Thanks to Jim Riley for the link.

Brief Filed in Maryland Lawsuit Over Access to List of Registered Voters

Posted on by January 3, 2020
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On December 20, 2019, Dennis Fusaro filed this brief in Fusaro v Cogan in U.S. District Court. This is the case that challenges a Maryland law that says only a registered voter in Maryland may purchase the list of registered voters, and the list can only be used for a purpose related to the “electoral process.” Fusaro lives in Virginia. He wants the list to write a letter to active registered Maryland voters about the behavior of a certain elected Maryland official. The case was filed in 2017, and Fusaro lost in U.S. District Court, but then the Fourth Circuit remanded the case and said the Maryland law may violate the First Amendment. The case is back in U.S. District Court and Fusaro is asking for summary judgment.

All Briefs Filed in Minnesota Presidential Primary Ballot Access Case

Posted on by January 3, 2020
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On Thursday, January 9, the Minnesota Supreme Court will hear De La Fuente v Simon, the case over the constitutionality of the law that says a political party has sole discretion to decide which candidates appear on its presidential primary ballot. All the briefs are in. They are from the Secretary of State and the Democratic Party (both in support of the law); and on the other side, the De La Fuente brief.

The Court invited the Minnesota Republican Party to file a brief, but it did not do so.

Election administrators need to have this case settled as soon as possible. The primary is on March 3. It is somewhat likely the decision will be out within a day or so of the oral argument.

Richard K. Troxell, 1968 Constitution Party Presidential Nominee, Dies

Posted on by January 2, 2020
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Richard K. Troxell, who was the Constitution Party’s 1968 presidential candidate, died on December 26, 2019, at the age of 91. The Constitution Party that nominated him had been formed in 1950 and ceased to exist in 1969. It is not the same as today’s Constitution Party.

Troxell was only on the ballot in 1968 in North Dakota.

Charlene Mitchell, the Communist Party’s presidential nominee in 1968, is now the only living presidential candidate from that general election. Thanks to Tim SanSoucie for this news.