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He argues that the 14th amendment implicitly repealed the part of Section Two that says a candidate must be a natural-born citizen in order to hold the office of President or Vice-President.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.

American Independent Party Wanted to List Donald Trump on its Presidential Primary Ballot, but California Secretary of State Denied the Request

Posted on by December 30, 2023
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Bob Walters, chair of the American Independent Party of California, wanted to list Donald Trump on his party’s presidential ballot this year, but the Secretary of State denied that request.

The only name that will appear on the party’s presidential primary ballot, James Bradley, considers himself a stand-in for Trump.

It is very likely that the party will nominate Donald Trump for president for the November ballot.  It also nominated him in the 2016 general election ballot, and Trump appeared as the nominee of both the Republican and American Independent Parties in November 2016.

California does not apply its sore loser law to presidential primaries.  If the Republican presidential nominee in 2024 is someone other than Donald Trump, and if Trump wants the AIP nomination in November 2024, he is very likely to receive it.

Minnesota Supreme Court Accepts Case Challenging Presidential Primary Ballot Access

Posted on by December 30, 2023
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The Minnesota Supreme Court will hear Binkley for President 2024 v Simon, A23-1900, on January 11, 2024, at 10 a.m.  The case was filed by Ryan Binkley on December 13, 2023.  It challenges the Minnesota law that gives parties sole discretion over who can get on the ballot in that party’s presidential primary.

The Republican Party of Minnesota rules for inclusion on its presidential primary ballot are:  (1) qualified to appear in the Republican National Committee’s debates; or (2) is a former President, Governor, member of Congress, or Mayor of a City with 250,000 Population.

Binkley has qualified for the Republican presidential primary or caucus in every state except Minnesota.  He came close to qualifying for the RNC debates.  He did meet the fund-raising threshold but he didn’t poll at least 1% in several polls.

His lawsuit charges that the state can’t give power of the publicly-funded presidential primary to a political party.  The Minnesota law has been upheld in federal court, but this case is based on the State Constitution.

Here is the Ryan Binkley campaign website.

December 2023 Ballot Access News Print Edition

Posted on by December 29, 2023
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Ballot Access News
December 2023 – Volume 39, Number 7

This issue was printed on blue paper.

SEVEN COURTS REFUSE TO REMOVE
FORMER PRESIDENT DONALD TRUMP FROM VARIOUS BALLOTS

During November, seven courts (in six states) refused to remove former President Donald Trump from various Republican presidential primary ballots.  Most of the cases are being appealed, and there are thirteen other lawsuits pending on the same subject that don’t even have an opinion from the trial court yet.

In all cases involving Trump’s ballot access, the basis for the lawsuits is the Fourteenth Amendment, section three, which says “No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any state legislature, or as an executive or judicial officer of any state, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof.  But Congress may by a vote of two-thirds of each House, remove such disability.”

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