Nevada Republican Party Files a Brief in the Nevada Trump Ballot Access Case

Posted on by January 1, 2024
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On December 26, the Nevada Republican Party filed this brief in Castro v Aguilar, 2:23cv-1387.  This is the lawsuit filed by John Anthony Castro to keep former President Donald Trump off the ballot in the Nevada Republican presidential primary.

Castro’s Nevada lawsuit is his weakest lawsuit, because, as the Republican Party explains, Donald Trump isn’t even participating in the state-administered Nevada Republican presidential primary.  Instead he and most of the other strong contenders for the Republican nomination are using the Nevada Republican caucus.  The Nevada Republican Party refused to let anyone compete in its caucus if that person ran in the government-administered presidential primary.

Lawsuit Against the Nation’s Worst Ballot Access Law is Still Alive

Posted on by January 1, 2024
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The nation’s worst ballot access law, by far, is Georgia’s law on how a candidate gets on the general election ballot for U.S. House if the candidate is not the nominee of a party that got 20% of the vote in the last presidential or gubernatorial election.

The law, passed in 1943, requires a petition of 5% of the registered voters.  In practice, this has proved so difficult that no third party candidate has ever done it, and no independent has done it since 1964, when details of the petition requirement were far easier than they are now.

The Georgia Libertarian Party sued to overturn this law in 2017, and the case is still pending.  The party lost on the First Amendment issues in the Eleventh Circuit after it had won on those issues in the U.S. District Court.

Last year, the party also lost on the Equal Protection issues in U.S. District Court, but the court made a clear error on procedure and on December 4, 2023, the party requested a rehearing, which is still pending.  Cowen v Rafflesperger, n.d., 1:17cv-4660.

Democratic Presidential Debates

Posted on by December 31, 2023
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Even though President Joe Biden is not expected to debate anyone else who is seeking the Democratic nomination, there will be some Democratic primary season debates.

On January 8, Dean Phillips will debate Marianne Williamson.  See this story.

Also, Free & Equal expects to sponsor a Democratic debate on either January 17 or January 18, and to invite every Democrat who is on the primary ballot in at least five states, although that requirement is not definite yet.

Ohio House Committee Hears Bill for Closed Primaries

Posted on by December 31, 2023
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On December 5, the Ohio House Government Oversight Committee heard HB 210, to change Ohio from an open primary state to a closed primary state.  The only two witnesses in favor were the two sponsors, Representatives Jennifer Gross (R-West Chester) and Gary Click (R-Vickery).

According to this news story, the bills did not get a very favorable review from committee members.

Cenk Uygur Sues South Carolina Over Presidential Primary Ballot Access

Posted on by December 31, 2023
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On December 22, Democratic presidential candidate Cenk Uygur, who was born in Turkey but who has lived in the United States since the age of eight, filed a federal lawsuit to get on the South Carolina Democratic presidential primary.  Uygur v South Carolina and McMaster, 3:23cv-6879.  He is suing the Elections Commission and also the South Carolina Democratic Party, which cashed his filing fee for $20,000 but then refused to accept him as a candidate.

He argues that the 14th amendment implicitly repealed the part of Section Two that says a candidate must be a natural-born citizen in order to hold the office of President or Vice-President.  He also argues that regardless of that, he should be placed on the ballot even if he doesn’t meet the constitutional qualifications.  He is on the ballot in four other states, and he was permitted to take out petition blanks in Rhode Island.

Here is his Complaint.