A 70-year-old state law requiring candidates in the same political party as the current governor to be prioritized on the voting ballot has been overturned.
U.S. District Judge Mark Walker decided that the state law is unconstitutional because it presumably creates a burden on voting rights that can be construed as discriminatory, according to media reports.
“By systematically awarding a statistically significant advantage to the candidates of the party in power, Florida’s ballot order scheme takes a side in partisan elections,” Walker wrote.
An appointee of Gov. Ron DeSantis, Secretary of State Laurel Lee appealed to the 11th U.S. Circuit Court of Appeals.
"The position of the Florida Department of State is that Florida’s current system is constitutional; therefore, any change is unnecessary," said Mark Ard, spokesperson for Secretary of State Lee. "The Department did ask the courts for a stay, but the stay was denied; however, the Eleventh Circuit did expedite the appeal. We are awaiting an opinion."
But the state only has until June 1 to comply with Judge Walker's decision.
“Judge Walker expressed concern that since General Election ballots must be sent to the printer not later than early September, either he or the Secretary must do something to ensure that the election proceeds properly and constitutionally," said attorney Ronald Meyer, who represents candidates, political organizations and elected officials
The Secretary of State, as chief elections’ officer, could promulgate an emergency rule which will address how candidates will be listed on the ballot, according to Meyer.
“The Legislature should have dealt with the matter during Session,” Meyer told the Florida Record. “Having failed to do so, perhaps it is believed the trial court to be wrong and, therefore, no legislative action was taken pending the appeal’s determination. However, since neither the trial court nor the 11th Circuit Court of Appeal issued a stay of the trial court’s order, something must be done or the trial court will direct a remedy.”