On October 27, New York Assemblymember Pat Burke (D-West Seneca) introduced A8178. It deals with ballot format. New York currently has disaggregated fusion, which means that when a candidate is the nominee of two parties, he or she can receive votes separately under each party label. Aggregated fusion is a system in which a candidate with two nominations is only listed on the ballot once, with both party labels attached next to the candidate’s name.

The bill would switch New York to aggregated fusion, except for President and Governor races. Here is a description of the bill from the New York legislature’s website.

The author says he wants New York ballots to be simpler, but it is not simplification to have two different types of fusion on one ballot. He probably made an exception for President and Governor because the current New York definition of a qualified party is tied to how many votes a party receives for those two races. It would be far simpler if his bill also amended the definition of a qualified party to be a group with a certain number of registered voters. That idea would have the advantage that a group could transform itself a qualified party at any time, by doing a registration drive.

The Conservative Party and the Working Families Party will surely be fierce opponents of A8178.

On October 30, former President Donald Trump filed his own lawsuit in the Michigan Court of Claims, to preserve his ability to be on the Michigan presidential primary ballot of March, 2024. Trump v Benson, 23-0001151. He did so after the judge who is hearing the original Michigan lawsuit to keep him off the ballot denied his ability to intervene in that case. Instead, the judge said Trump should file his own lawsuit and then the two cases will be combined.

There is an oral argument on November 6, Monday. Thanks to Thomas Jones for the news.

On October 31, Texas filed this brief in Bilyeu v Esparza, w.d., 1:21cv-1089. This is the lawsuit over the Texas law that requires people who seek nomination at a convention to first pay a filing fee. The state says it has an interest in treating all candidates equally, which is a comical statement given the Texas rules for independent candidates (who need extremely difficult petitions), contrasted with the fact that Democrats and Republicans can get on a primary ballot with no petition.