The Atlanta Journal-Constitution

Dems sue Ga., 2 other states over ballot laws

Because Republican­s control governorsh­ips, every race lists GOP first.

- By Colby Itkowitz Mark Niesse contribute­d to this article.

Democratic organizati­ons filed lawsuits in Georgia, Arizona and Texas on Friday saying that Republican­s are given an unfair advantage by being listed first on those states’ general election ballots.

The traditiona­lly red states that Democrats hope to make competitiv­e in 2020 have slightly different rules about ballot placement, but in each case, because Republican­s control the governorsh­ips, every race is listed with the Republican candidate first.

“We know from the social science that there is something called the ‘primacy effect,’ studied across all kinds of things that have nothing to do with politics,” said Marc Elias, a Democratic attorney.

In Georgia, Republican candidates have been listed ahead of Democratic candidates in general elections for the last 15 years.

The Democrat-controlled Georgia General Assembly passed a bill in 2002 requiring that candidates of the party that won the most votes for governor in the last election appear first on the ballot. Later that year, Republican Sonny Perdue defeated Democrat Roy Barnes.

Ahead of 2020, Democrats are looking at a slew of election laws they believe could tip the scale in Republican­s’ favor, filing lawsuits all over the country.

The ballot placement rules, the lawsuits argue, are unconstitu­tional because they violate the 14th Amendment’s Equal Protection Clause by treating “similarly-situated majorparty candidates differentl­y.”

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