Last Phase of Georgia Ballot Access Case Begins

On October 5, U.S. District Court Judge Leigh Martin May issued an order in Cowen v Raffensperger, 1:17cv-4660. This is the case over Georgia’s ballot access requirements for U.S. House, for independent and minor party candidates. The order says both sides will submit a proposed scheduling order by October 19.

The reason the case is still alive is that the courts still haven’t ruled on whether the petition requirement violates the Fourteenth Amendment. Originally the U.S. District Court had found that the law violates the First Amendment, and did not consider the Fourteenth Amendment issue. Then the Eleventh Circuit had reversed the U.S. District Court on the First Amendment, and the U.S. Supreme Court refused to hear that part of the case.

Ohio Democratic Party Wins Lawsuit on Substituting a New Nominee When Prior Nominee Withdraws

On October 11, the Ohio Supreme Court ordered the Secretary of State to let the Democratic Party replace its nominee for State House, 94th district. State ex rel Conrath v LaRose, 2022-Oh-3594. At the August 2022 primary, only one Democrat had been on the ballot, and he withdrew shortly after the primary was over. The Secretary of State refused to let the Democratic Party substitute a new nominee, because the primary results had not yet been certified. But the Democratic Party couldn’t wait for the certification, because if it had, the substitution action would have been too late. It was obvious what the results of the primary would be, because there had been only one candidate on the primary ballot, and no declared write-in candidates.

The vote was 4-3. The majority and the minority opinions are quite heated. There have been many 4-3 election law decisions by the Ohio Supreme Court this year; that court is very polarized. Here is the Opinion.