Jacob Hornberger Declares for the Libertarian Presidential Nomination

On November 1, Jacob G. Hornberger declared for the Libertarian Party’s presidential nomination. He is better known than the other declared candidates for that nomination. In 2000 he sought the party’s presidential nomination, losing to Harry Browne. For many decades he has headed the Future of Freedom Foundation. Thanks to Eric Garris for this news.

Democratic Party Texas Lawsuit on Order of Names on Ballot

On November 1, the Texas Democratic Party filed a lawsuit against the Texas law on order of candidates on the ballot. Texas Democratic Party v Hughs, w.d., 1:19cv-1071. It is assigned to U.S. District Court Judge Lee Yeakel, a Bush Jr. appointee. Here is the Complaint.

The Texas law says that the top names on the general election ballot are the nominees of the party that won the last gubernatorial election. Thus Republicans have been listed first for over 24 years.

The Complaint has the same footnote as in the Arizona Democratic Party lawsuit on the same issue. It says that if the party wins the lawsuit, the relief should not apply to minor parties or independent candidates, and quotes Timmons v Twin Cities Area New Party.

Democratic Party Arizona Lawsuit on Order of Names on Ballot

On November 1, the Democratic Party sued Arizona over the law that controls the order of names on the ballot for partisan office. The Arizona law says the top names on the ballot are the nominees of the party that got the most votes in that county for Governor in the last election. Republicans have the top line in all but four counties. Here is the Complaint.

The case is Mecinas v Hobbs, 2:19cv-5547. It is assigned to U.S. District Court Judge Diane Humetewa, an Obama appointee. The Complaint says in a footnote that if the Democrats win the case, it does not follow logically that the relief should extend to any minor parties. The justification for that conclusion is that the U.S. Supreme Court said in Timmons v Twin Cities Area New Party that states have an interest in promoting the two-party system. That conclusion, written by Chief Justice William Rehnquist, was supported by no evidence and no argument by either side in the case. Rehnquist did not define “two-party system”.

Decision on Texas Filing Fees Likely to be Released in a Few Weeks

A hearing was held in Miller v Hughs, w.d., 1:19cv-700, on October 31. This is the lawsuit over various Texas ballot access laws that injure minor parties and independent candidates. Although the lawsuit will be lengthy and covers many issues, there is likely to be a decision soon on whether to enjoin the new filing fees for convention parties. The 2019 legislature passed a bill that, for the first time, requires candidates of parties that nominate by convention to pay the same filing fees that primary candidates pay. That issue needs to be settled fast, because the fees or petitions in lieu of the fee are due very soon.