Tim Canova Wins Lawsuit Over Early Destruction of 2016 Florida U.S. House Primary Ballots

On August 30, 2016, Florida held its congressional-state office primaries. One of the closer contests was the race between incumbent Democratic congresswoman Debbie Wasserman Schultz and professor Tim Canova in the 23rd district, which is mostly in Broward County. The results were: Wasserman Schultz 28,809; Canova 21,907.

Canova suspected that the results were inaccurate. On October 19, 2017, he filed a public records request to see the ballots. Federal law says election officials must retain ballots until 22 months after any federal primary or election. But after Canova filed his lawsuit, Broward County election officials disposed of all the 2016 primary ballots. Canova sued. On May 11, 2018, the state trial court ruled that the destruction of the ballots was unlawful, as was the failure of the county to produce the ballots so that Canova could inspect them. Here is the 9-page opinion in Canova v Snipes, Broward Co. Circuit Court, CACE17-010904.

Ironically, earlier this year, Canova withdrew from the Democratic primary for the same seat this year, and switched to being an independent candidate. Part of his motivation was despair that he could get a fair vote-counting process in this year’s Democratic primary. If he had won the case earlier, he might have remained in the 2018 primary. Thanks to Rick Hasen for the link.

Article Explains Unique New Jersey System for Primary Ballot Placement

New Jersey is the only state in which partisan primary ballots give candidates endorsed by the party organization a superior spot on the ballot. This New Jersey Spotlight article explains how the process works. The endorsement process is controlled by county political party organizations. So for offices that extend beyond the boundaries of a single county, different candidates in the same race may get the superior ballot position from county to county.
This article also reveals how the term “open primary” means different things in different states. As reading the article shows, “open primary” in New Jersey refers to a primary in which the party organization has chosen to make no endorsement. That is true for Pennsylvania as well.

Nebraska Republican Party Works to Defeat Libertarian State Senator Laura Ebke

This newspaper story describes the intense Republican Party effort in Nebraska to defeat State Senator Laura Ebke for re-election. She joined the Libertarian Party in 2016. The story also reveals that even though Nebraska’s legislature is technically non-partisan (with no party labels on the ballot) in reality the elections are very partisan.

Several Philadelphia Election Officials Plead Guilty for Actions During 2017 Special Legislative Election

Several Philadelphia election officials have pleaded guilty for their behavior in the 2017 special election in the 197th district. This was the special election in which Green candidate Cheri Honkala put up a strong campaign. The election officials were charged with trying to influence voters to vote for the Democratic candidate, who did win the election. See this story.