Third Circuit Won’t Put Pennsylvania Primary Write-in Candidate on November Ballot

On September 16, the Third Circuit refused to order Pennsylvania election officials to put Brandon Pugh on the November 4, 2025 ballot as the Republican nominee for Mayor of Lyons Borough. Pugh v Berks County Board of Elections, 25-2724. Pugh had received more write-in votes in the Republican primary for that office than anyone else (no one was on the primary ballot). But he couldn’t be nominated because the number of write-in votes he received was fewer than ten, and the Pennsylvania law required write-in candidates to get at least ten write-ins. If he had been on the primary ballot, and no one else had outpolled him, he could have been the nominee even if he had only one write-in vote.

The Third Circuit order said the constitutional issue is not being decided in today’s action.

New York City Has Seven Candidates for Mayor on the November 2025 Ballot

New York City has seven mayoral candidates on the November 4, 2025 ballot. See the list here from the Board of Elections. Zohran Mamdani is listed twice, so there are eight listings. The Board’s list includes the ballot slogans and shows the order of candidates on the ballot. Andrew Cuomo is seventh on the list. To see the list, click on the button that says “View Sample Ballot.”

Incumbent Eric Adams is said to be about to withdraw from the race, but he can’t remove his name from the ballot.

Fourth Circuit Agrees with Lower Court that North Carolina Felon Disenfranchisement Law is Unconstitutional

On September 12, the Fourth Circuit issued an opinion in North Carolina A. Philip Randolph Institute v North Carolina State Board of Elections, 24-1512. It agrees with the lower court that North Carolina’s felon disenfranchisement law violates the Fourteenth Amendment, based on its history. The decision is by Judge DeAndrea Gist Benjamin (a Biden appointee), and is signed by Judges James A. Wynn and Pamela A. Harris (Obama appointees).