Democrats will try to convince a federal judge this week to throw out a nearly 70-year-old law guaranteeing that Trump’s name will be listed first on the 2020 ballot in one of the nation’s biggest battleground states.
Last year three statewide elections — including the races for governor and U.S. Senate — went to mandatory recounts. These close elections have put renewed scrutiny on a state best known for the infamous 2000 presidential election recount, in which George W. Bush defeated Al Gore in the state by 537 votes and thereby won the presidency.
By signing up you agree to receive email newsletters or alerts from POLITICO. You can unsubscribe at any time. Republicans, they say, are getting a bump from “position bias” which tilts the end result in tight races and gives the GOP an unfair and unconstitutional advantage. The methods used to determine candidate order on ballots differs from state to state.
“The statute favors no one and nothing,” wrote attorney Jason Torchinsky. “Instead the statute merely organizes ballots. It is the voters, not Republicans and not Democrats, who determine both who wins gubernatorial elections — and subsequently — by way of their vote for governor — who is listed first on the ballot. The mere fact that voters may choose to vote for the first listed candidate does not change the fact the voter has still made a valid choice.
Democratic attorneys, including prominent elections attorney Marc Elias — who is the general counsel for California Sen.'s presidential campaign — have suggested that rotating names by county, or by precinct, could result in a fairer election. The lawyers assert that state officials have not been able to refute studies that highlight the windfall that comes from listing someone first.
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