Miami Herald

Democrats lose appeal of Florida ballot order lawsuit

- BY DAVID SMILEY dsmiley@miamiheral­d.com

A challenged law giving top billing on the Florida ballot to candidates from the current governor’s political party will stand, an appeals court ruled Wednesday, returning a political advantage to the GOP in a key swing state ahead of the 2020 election.

The law, passed in 1951 when Democrats controlled Florida politics, was ruled unconstitu­tional in November by U.S. District Court Judge Mark Walker, who said it gave an unfair edge to one political party. But the 11th Circuit Court of Appeals in Atlanta opined Wednesday that the plaintiffs and Democratic political organizati­ons suing the state didn’t prove that they were harmed by the law.

And, even if they had, the panel opined, Democrats erred when they chose to sue the Florida Secretary of State in 2018 rather than the state’s local supervisor­s of elections, who are tasked with actually placing the names on the ballot.

“Because the voters and organizati­ons failed to sue the officials who will cause any future injuries, even the most persuasive of judicial opinions would have been powerless to redress those injuries,” Judge William Pryor wrote in a majority opinion joined in full by Judge Robert Luck.

The ruling is one of the most significan­t decisions to come from a series of election-related challenges filed over the last two years by Democrats in a state Republican­s have controlled for nearly two decades. As a result of lawsuits, the state has in recent months agreed to establish early voting locations on college campuses and expand the availabili­ty of Spanish-language ballots.

A federal trial over a constituti­onal amendment restoring felons’ voting rights is underway.

But Marc Elias, the attorney who argued the ballot order case for three Florida voters, the Democratic National Committee and other Democratic organizati­ons, told the Miami Herald recently in an interview that the ballot order case was arguably the most significan­t among all the lawsuits given the bump candidates receive by being named first on the ballot.

That advantage, called the “primacy effect,” is worth up to five points, according to one expert for the plaintiffs. That’s a massive bump in a state where Al Gore lost the 2000 presidency by 537 votes and three statewide races were decided in 2018 by less than half a percentage point.

“The implicatio­n is obvious,” Walker wrote in November. “Florida’s ballot order statute ensures one party’s candidates receive that advantage in every race, all down the ballot, in every election.”

Walker, at the time, blocked supervisor­s of elections from setting their ballots according to the challenged law, and ordered the state to come up with a new process. But the 11th circuit vacated his judgment Wednesday and ordered the case back before Walker, who they said should dismiss the lawsuit.

“While we disagree strongly with the court’s ruling that Democrats don’t have standing, it is important to note that the Court did not dispute that Republican­s are given an unfair advantage due to ballot order,” Elias said Wednesday in a statement. “Arguing that Democrats are not harmed by an illegal and unwarrante­d 5%

Republican advantage in every single election in the state is wrong, inconsiste­nt with running a fair election, and we are considerin­g all of our options in this case.”

The offices of Florida Gov. Ron DeSantis and Secretary of State Laurel Lee did not respond to a request for comment.

 ?? JAHI CHIKWENDIU The Washington Post ?? Broward Circuit Judge Betsy Benson looks at a damaged ballot after a recent election.
JAHI CHIKWENDIU The Washington Post Broward Circuit Judge Betsy Benson looks at a damaged ballot after a recent election.

Newspapers in English

Newspapers from United States