Catoosa County, Georgia, Republican Party Files State Court Lawsuit to Exclude “Disloyal” Republican Candidates from Primary Ballot

On April 9, the Catoosa County (Georgia) Republican Party filed a lawsuit in state court to remove four candidates from the May 21 Republican primary ballot. They are running for County Commission and three of them are Republican incumbents. The Catoosa County Republican Party believes it has a freedom of association right to exclude candidates from its primary ballot if the party organization believes they are not loyal to the party’s principles.

It is true that federal courts in Georgia have permitted the Republican Party in the past to control which presidential primary candidates appear on the party’s ballot, but the section of the law on presidential primaries differs in that regard from the section of the election law governing other office.

The Catoosa County Republican Party may have developed its philosophy by watching Alabama. In Alabama the law has long given parties complete control over who may appear on party primary ballots, and every year the Alabama Republican Party rejects candidates from its primary for ideological reasons, or because a candidate gave money or an endorsement in the past to a nominee of another party or an independent candidate. Catoosa County does not border Alabama but it is physically close to the Alabama border.

California State Appeals Court Rules that Lower Court Was Correct to Let Candidate Run for Two Offices Simultaneously

On April 9, the California State Appeals Court, third district, issued an opinion in Weber v Superior Court, B324576. This is the case over whether Vince Fong could run for both U.S. House and Assembly in the March 5, 2024 election. The Appeals Court agreed with the Superior Court, and said there is no law in California stopping simultaneous filings. Here is the Opinion. Thanks to Eric Wong for the news.

New York State Petition Window Opens in One Week

New York state has the shortest window (42 days) for presidential petitions in the general election of any state. It starts April 16, one week from today. Here is a news story, which focuses on Libertarian Party preparations. This is the first presidential election in which the requirement is 45,000 signatures. It was 15,000 signatures starting in 1992, until the requirement was increased in 2020, but then eased in 2020 only due to covid.

Although Minnesota and Rhode Island have even shorter windows for non-presidential independent candidates, those two states have longer windows for independent presidential candidates.

Four Republican Candidates File Lawsuit in State Court to get a Nondiscriminatory Ballot Format in New Jersey Republican Primary

on April 8, three Republicans running for U.S. House in New Jersey, and one running for U.S. Senate, filed a state court lawsuit to get the same non-discriminatory ballot format that Democratic primary voters will be using, in the June 4 primary. Maia-Cusick v Sollami-Covelho, Mercer County Superior Court, Mer-L-677-24. Here is the Complaint. Thanks to Democracy Docket for the link.