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Judge strikes down Florida law that has listed GOP candidates first on ballots for 20 years
The Orlando Sentinel ^ | November 15, 2019 | Steven Lemongello

Posted on 11/16/2019 11:03:41 AM PST by Tolerance Sucks Rocks

A federal court in Tallahassee struck down a Florida law that listed the governor’s party first on all ballots, which Democrats argued gave Republicans a significant advantage in a state where the two biggest races in 2018 were both within 0.4 percentage points.

In his ruling, District Court Judge Mark Walker issued a permanent injunction against the law, stating it violates both the First and 14th amendments of the Constitution.

“Florida’s ballot order statute is not neutral; instead, it affects Plaintiffs’ rights in a politically discriminatory way,” Walker wrote. “… It is difficult to imagine what other purpose it could possibly serve than as a thumb on the scale in favor of the party in power.”

The plaintiffs, which included the Democratic National Committee and its campaign committees, cited research showing the statistical advantage of being listed first was estimated to be as high as 5.4 percentage points when Republican Party candidates are listed first and 3.92 points when Democrats are on top.

The 2018 U.S. Senate race in which then-Gov. Rick Scott, a Republican, defeated former Democratic U.S. Sen. Bill Nelson was decided by 0.13 points. The governor’s race won by Republican Ron DeSantis over Democrat Andrew Gillum was decided by 0.4 points. Scott won his two races for governor by less than 1.2 points each.

While 3 to 5 points wasn’t “in and of itself a large proportion of the total vote, it is often a decisive proportion in terms of the spread between the candidates in a Florida election,” Walker ruled.

Walker concluded voters could also lose confidence in the integrity of Florida’s election system from knowing the order of candidates’ names was determined on a partisan basis.

(Excerpt) Read more at orlandosentinel.com ...


TOPICS: Constitution/Conservatism; Crime/Corruption; Government; News/Current Events; Philosophy; Politics/Elections; US: Florida
KEYWORDS: andrewgillum; ballotlaw; ballots; billnelson; butterflyballot; candidatelistings; clownbammyjudge; democrats; discrimination; districtcourt; electionfraud; elections; florida; floridajudge; floridalaw; georgewbush; gop; judiciary; markeatonwalker; markwalker; obama; obamajudge; obamalegacy; order; palmbeach; pointspread; politicaljudiciary; primacyeffect; rickscott; rondesantis; scottwalker; secretaryofstate; tallahassee
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To: Tolerance Sucks Rocks

Does this judge support the prosecution of voter fraud?


21 posted on 11/16/2019 11:41:28 AM PST by ActresponsiblyinVA
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To: Tolerance Sucks Rocks

Obama - who else but an Obama judge would involve the court in blatantly political decisions at this level. I’m appalled at the level of corruption of the mind and the law his appointees have have carried with them..


22 posted on 11/16/2019 11:42:33 AM PST by Postman (The flies seek our domestic enemies.....but ain't no flies on DJT....MAGA)
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To: Postman

This should have been done in the state court but the socialist, corrupt party know they would lose since the Supreme court of the state is a conservative w=one and they would lose


23 posted on 11/16/2019 11:48:35 AM PST by manc ( If they want so called marriage equality then they should support polygamy too.)
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To: Tolerance Sucks Rocks

Why doesn’t the GOP fight like this?


24 posted on 11/16/2019 11:50:31 AM PST by Brilliant (David E. Peterson)
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To: Brilliant
Why doesn’t the GOP fight like this?

You know, people often ask that question.....

How come Myth doesn't have any balls?

Why is Mitch such a Turtle?

How come McCain only fights against Republicans?

Why is Cantor such a spineless weasel?

Oh, Trump shouldn't say mean things and fight people on Twitter.

The electorate clamors for a fighter, but rewards the nutless among us.

2010 saw the largest gathering of Conservatives and swept the Tea Party into Congress.....where they diddled along and sold us out - albeit at a slower pace than the socialists. The sent a multitude of worthless bills they knew would never get signed.

The moment Trump was inaugurated was the last time any half decent bill made it to the White House.

We fight and wind up with the same political class of losers. Regan and Trump are anomalies......and still - He shouldn't say mean things about the Soviets. He shouldn't say mean things on Twitter......

25 posted on 11/16/2019 11:59:25 AM PST by Repeat Offender (While the wicked stand confounded, call me with Thy saints surrounded.)
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To: Tolerance Sucks Rocks

Not a big deal...IMHO


26 posted on 11/16/2019 12:04:15 PM PST by Deplorable American1776 (Proud to be a DeplorableAmerican with a Deplorable Family...even the dog is, too. :-))
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To: C210N
In alphabetical order, GOP comes before ‘Rat.

In Connecticut, Lowell Weicker started "A Connecticut Party" for his gubernatorial bid and got the top line alphabetically.
27 posted on 11/16/2019 12:05:09 PM PST by Dr. Sivana (There is no salvation in politics.)
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To: Tolerance Sucks Rocks

Someone has to be first. Why are the rats first?


28 posted on 11/16/2019 12:11:43 PM PST by New Jersey Realist
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To: manc

“This should have been done in the state court but...”

This is when the GOP needs strategic thinking and tactical action. Since the demokraps made this a federal issue ... and it went against the GOP, the GOP needs to file suits in all blue** states where demokraps are listed first on every ballot. Of course the GOP should lose those suits at district court b/c the demokrap federal judge will decide against them. But it will eventually make it to the super-legislature US Supreme Court, and whatever comes out there will apply to states where one party is in control.

There are other issues the GOP would follow a similar strategy. The demokraps are short sighted, and you have to box them in. But hope is not lost because of Trump who likes to fight. It is spilling over to some other GOP members, like some of the House GOP who sit on Schiff’s secret impeachment hoax committee. Also, when Senator Turtle took the reins from Harry “Black Eye” Reid, he used the “no filibuster rule” against the howling demokraps for Trump’s judicial appointees. None of this happened during W’s tenure.

** - really communist red belongs to the demokraps by history and tradition, but that’s for another time.


29 posted on 11/16/2019 12:19:09 PM PST by Susquehanna Patriot
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To: Tolerance Sucks Rocks

How about a law that only provides the names of the candidates only and not the party?

That would really shake things up.


30 posted on 11/16/2019 12:19:27 PM PST by unlearner (Be ready for war.)
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To: Repeat Offender

McConnell and Graham need to get Trump’s judicial appointments confirmed ASAP.


31 posted on 11/16/2019 12:21:14 PM PST by Brian Griffin
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To: Tolerance Sucks Rocks

The previous occupant of the White House. The bias that these Leftist judges show is getting unbearable.


32 posted on 11/16/2019 12:23:47 PM PST by qaz123
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To: Tolerance Sucks Rocks

Trump
Warren

It seems Trump would still be listed first


33 posted on 11/16/2019 12:28:17 PM PST by plain talk
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To: Tolerance Sucks Rocks
New York has the same law, last I looked--the current Governor being Baby Cuomo, a Democrat.

Are the Democrats going to raise the same fight in New York, on principle?

(Heh. "Principle." That word's not in the Progressive glossary.)

34 posted on 11/16/2019 12:31:02 PM PST by SamuraiScot (am)
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We may have the “uneducated” vote, but they clearly have the illiterate vote.


35 posted on 11/16/2019 12:31:18 PM PST by dsrtsage (Complexity is merely simplicity lacking imagination)
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To: Tolerance Sucks Rocks

The idea that the US Constitution controls the order of candidates on a state election ballot is insane.


36 posted on 11/16/2019 12:33:21 PM PST by Trumpisourlastchance
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To: Tolerance Sucks Rocks

What does it mean to be a “Republican”? The Uniparty always looks after its own.


37 posted on 11/16/2019 12:34:38 PM PST by Olog-hai ("No Republican, no matter how liberal, is going to woo a Democratic vote." -- Ronald Reagan, 1960)
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To: SamuraiScot

This seems odd to me. Where I vote we go in the door and report to the official at the desk. She asks:”Democrat or Republican?” They give us a stylus and brings up the form on the computer for the party of choice. If you answer both, you will get a combined form. They also check the voter rolls for your name/address. There are print outs kept in the courthouse someplace.


38 posted on 11/16/2019 12:41:32 PM PST by WVNan
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To: C210N

Freedom comes before Socialist.


39 posted on 11/16/2019 12:52:23 PM PST by reg45 (Barack 0bama: Gone but not forgiven.)
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To: Deplorable American1776
Not a big deal...IMHO

It probably isn't, but elections are a state function, unless they try to change a constitution requirement for the office. I hope the State fights this, if the need to be addressed it should be the state supreme court. This is an over reach by a federal court.

40 posted on 11/16/2019 12:59:06 PM PST by WHBates
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