U.S. District Court Magistrate Recommends that T.R.O. Be Denied in South Carolina Trump Ballot Access Case

Posted on by September 28, 2023
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On September 27, U.S. District Court Magistrate Shiva v. Hodges recommended that no Temporary Restraining Order be granted in the lawsuit Castro v. South Carolina Election Commission, 3:23cv-4501. This is one of the cases in which the plaintiff, who is a candidate for the Republican presidential nomination, is seeking to keep former President Donald Trump off various ballots.

The magistrate says there is no evidence yet that Castro’s campaign is being harmed by leaving Trump on the South Carolina Republican primary ballot. The magistrate says that it is only speculation that if Trump were removed from the ballot that Castro would thereby gain additional votes in the primary or additional campaign contributions. Here is the ruling. The U.S. District Court judge will decide whether to adopt the Magistrate’s recommendation.

Alaska U.S. House Candidate for 2024 with “No Labels” Qualifies for August 2024 Primary Ballot

Posted on by September 28, 2023
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Alaska lets candidates file for primaries very early. Already two candidates have paid the filing fee and completed the paperwork to be listed on the August 20, 2024 primary ballot for U.S. House. See them listed here on the Alaska Elections Division’s website.

One of the two early filers is Richard Grayson, whose ballot label will be “No Labels.” He is almost certainly the first candidate in any state who has already qualified to be on a 2024 ballot using that label. In Alaska, there are no party nominees, except presidential electors in the general election, so it would not be accurate to say that Grayson is the No Labels nominee. Grayson will not appear on the November 2024 ballot for U.S. House in Alaska unless he places in the top four in August.

U.S. District Court in New Hampshire Sets Evidentiary Hearing in Lawsuit Filed to Keep Former President Donald Trump Off New Hampshire Ballots

Posted on by September 28, 2023
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U.S. District Court Judge Joseph LaPlante, a Bush Jr. appointee, will hold an evidentiary hearing in Castro v New Hampshire Secretary of State, 1:23cv-416, on October 20. This is a lawsuit in which the plaintiff hopes to keep former President Donald Trump off New Hampshire ballots. The case was filed on September 11.

See this story.

U.S. District Court Rejects Injunction in Montana Lawsuit on Trump Ballot Access Because Plaintiff Has Not Served Trump

Posted on by September 27, 2023
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On September 20, U.S. District Court Judge Susan Watters declined to grant injunctive relief to John Anthony Castro, who wants to bar former President Donald Trump from the Montana ballot, because he has not served notice of his lawsuit on Trump. See her 3-page order here.

Castro, who has many similar lawsuits in different states, has already complained that whenever anyone tries to serve papers at the Trump residence, the papers are refused.

Minnesota Secretary of State Tells Minnesota Supreme Court That He Is Neutral About Whether Former President Trump Should be Barred from Ballots

Posted on by September 28, 2023
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As already noted, on September 12 some Minnesota voters filed a lawsuit in the State Supreme Court to keep former President Donald Trump off the Minnesota Republican presidential primary ballot and the general election ballot. The Defendant is Minnesota Secretary of State Steve Simon, a Democrat.

On September 27, the Secretary filed a brief in the court, saying he is neutral, but that he hopes for a decision by January 5, 2024. Here is his brief. Growe v Simon, A23-1354.

Some groups and law professors have already asked the court to let them file amicus briefs. The law professors are Derek T. Muller, Bruce Ackerman, and Gerard Magliocca. Their requests do not indicate which side they are on.

Groups that want to file amici briefs are the Republican National Committee and the American Center for Law and Justice, in support of Trump; and the Constitutional Accountability Center, in opposition to Trump.