Florida Democratic Voter Files Brief in Case Over Exclusion of Dean Phillips from the Florida Democratic Presidential Primary

On January 10, Michael Steinberg, a Democratic voter in Florida, filed this brief in Steinberg v Democratic Party of Florida, n.d., 4:23cv-518.  Steinberg wants to vote for Congressman Dean Phillips in the Florida Democratic primary.  The Democratic Party of Florida only listed President Joe Biden on its primary ballot, even though the party rules say the party will list all “recognized” candidates.

Because Biden was the only listed candidate, and because Florida doesn’t permit write-ins in primaries, the state then cancelled the Democratic presidential primary.

Steinberg’s brief argues that “recognized” is vague, but by any reasonable definition, Phillips is “recognized.”  Steinberg also argues that he does have standing.

U.S. District Court Dismisses Anti-Trump Ballot Access Nevada Case on Standing

On January 8, U.S. District Court Judge Gloria Navarro dismissed the lawsuit Castro v Aguilar, 2:23cv-1387.  This is one of John Castro’s lawsuits to keep former President Donald Trump off various presidential primary ballots.  The four-page opinion says Castro does not have standing.  It mentions all the other decisions that Castro has lost so far.

Footnote two notes that Castro isn’t even competing against Trump in Nevada.  As it explains, Trump is running in the Nevada Republican caucus, not the presidential primary.  Castro is running in the primary, not the caucus.

Professor Seth Barrett Tillman, an Expert on the Meaning of “Office of the United States”, Files Amicus in Trump Ballot Access Case

On January 9, Professor Seth Barrett Tillman, who has studied the meaning of “Office of the United States” since 2008, submitted this interesting amicus in the U.S. Supreme Court in Trump v Anderson.  It argues that the President is a not person who “holds any office ”  as the term “office” was used when the Constitution was written and also in 1868, when the 14th amendment was written.

Section 3 does not say that it applies to President or Vice-president, but many people assume it does apply because Section 3 applies to congress, presidential electors, and people who “hold any office” under the United States or any state.

Although Professor Tillman is a U.S. citizen, he currently lives and teaches in Ireland.

Maine Secretary of State Says Libertarian Party is Now Qualified

On January 9, the Maine Secretary of State determined that the Libertarian Party is now a qualified party.  It needed 5,000 registered members and as of the January 2 deadline, it has at least 5,168.  Some are still being processed so there will be more later.

The party is free to have a presidential primary if it wishes, but presidential candidates would need 1,000 signatures of registered Libertarians or registered independents.