California Legislator Wins Court Order to Get on Ballot for U.S. House, Even Though He is Also Running for Legislature

Posted on by December 28, 2023
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On December 28, a California Superior Court put Assemblymember Vince Fong on the March 2024 ballot to run in the Republican primary for U.S. House.  See this story.  Fong v Weber, Sacramento Superior Court, 23WM-000137.

The decision says that the only law barring a candidate from running for two offices simultaneously only applies to independent candidates.  Therefore, as a result of the decision, there is no longer any barrier to someone filing for two offices in the same primary.  The decision says, “The Court notes that it is concerned about the outcome of this Petition, as it may result in voter confusion and the disenfranchisement of voters if Fong is ultimately elected for both offices but does not retain one.  Moreover, it somewhat defies common sense to find the law permits a candidate to run for two offices during the same election.  However, as stated above, the Court is compelled to interpret the law as it is written.”  Here is the decision.

Maine Secretary of States Bars Trump From 2024 Ballot

Posted on by December 28, 2023
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Maine Secretary of State Shenna Bellows has ruled Donald Trump’s primary petition is “invalid.” The decision was released Thursday evening, with Bellows concluding Trump does not qualify to hold the office of president under section three of the Fourteenth Amendment.

Here is her 34-page ruling.  Page 18 acknowledges that Section Three doesn’t bar anyone from voting for any candidate; instead it says the individual cannot hold the office.  But then the ruling mentions several court precedents that say states may keep unqualified candidates off various ballots (although none of the precedents is binding in Maine).

The ruling does not go into effect until after a Maine Superior Court has a chance to hear any appeal.

Colorado Republican Party Asks U.S. Supreme Court to Reverse Colorado Supreme Court on Ballot Access

Posted on by December 28, 2023
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On December 27, the Colorado Republican Party and some voters asked the U.S. Supreme Court to undo the decision of the Colorado Supreme Court, relative to whether former President Donald Trump can be on the Republican presidential primary ballot.  .  Colorado Republican State Central Committee v Norma Anderson, 23-696.  The response is due December 29 (Friday).  Here is the petition.

On December 28, the other side filed notice with the U.S. Supreme Court that it agrees that the case should be expedited.  The other side wants it expedited even faster.