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Defense Secretary Hegseth Testifies Before Senate Appropriations Committee

Can We Fire Hegseth Yet?

People walking down the steps of the U.S. capitol.

DNC's Proposed RCV Ban Sparks Debate Over 2028 Presidential Primaries

What Will It Take to Rebuild American Democracy?

What Will It Take to Rebuild American Democracy?

Missouri Drew a Gerrymander. Now Its Secretary of State Says Voters Can’t Say No.

Missouri Drew a Gerrymander. Now Its Secretary of State Says Voters Can’t Say No.

State Gerrymandering Surge Ends Path to Proportional Representation

State Gerrymandering Surge Ends Path to Proportional Representation

Democrats sue in 3 bellwether states to get a shot at the top ballot line

Democrats sue in 3 bellwether states to get a shot at the top ballot line

The ballot for Yavapai County, like the rest of Arizona, always lists the Republican candidate first, provided a boost of about 5 percentage points.

The Fulcrum
By The FulcrumNov 04, 2019
The Fulcrum
The Fulcrum staff.
See More Writings by author

Republicans have been listed first on the ballot in every election in Arizona for almost a decade, in Georgia for more than a decade and in Texas for two decades. The Democrats have launched a coordinated campaign asserting that practice is unconstitutional and that they deserve a shot at poll position in all three potential 2020 battlegrounds.

The three state parties, along with the Democrats' national campaign committees, filed federal lawsuits Friday challenging the laws governing the construction of the ballots in all three states.

Perpetuating the current ballot order gives the GOP a "significant, state-mandated advantage," says the filing in Arizona. The Georgia suit argues state law violates voters' equal protection rights under the Constitution and creates an "undue burden" on voting rights. The "position bias" of the Texas law, that claim says, perpetuates a Republican dominance in Texas under which no Democrat has won a statewide race since 1994.

The Democrats are already pursuing similar litigation in Florida, where their evidence includes research showing the party listed first on the ballot has about a 5 percentage point built-in advantage.

A 2016 Sam Houston State University study showed ballot order in Texas has a significant effect on which candidate voters choose, particularly in down-ballot races. In lower profile elections, such as for school board, the study determined going from last to first on the ballot boosted a candidate's voting share by 10 percentage points.

With the 2020 election a year from Monday, Democrats are putting a concerted effort into changing election procedures in red states that are turning purple. By easing access to the ballot box, they hope to gain a competitive edge in both the presidential and congressional contests.

Georgia, Texas and Arizona are all looking at highly competitive Senate races next year, and the Democrats have been talking about contesting their combined 65 electoral votes as well. Texas last backed the Democrats' nominee in 1976, Georgia in 1992 and Arizona in 1996, but turnout by young people and minority groups has been steadily increasing.


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Americans are told that no one is above the law. Yet every day, they watch a president behave in ways that would get any ordinary citizen fired, disciplined, confronted, or held accountable — and they watch some Americans excuse it. What makes this moment even more striking is that critics across the political spectrum, including conservatives, now warn that the presidency is operating on a dangerous double standard. This is not a partisan concern. It is a constitutional one. And it is tearing at the fabric of our democracy.

For generations, the Constitution has provided guardrails — separation of powers, checks and balances, oversight mechanisms, and limits on executive authority — designed to prevent any leader from functioning above the law. The framers feared concentrated power more than anything else. They believed that the presidency must be constrained not only by written law but by norms of restraint, dignity, and respect for institutions. Those norms held for centuries because presidents understood that the office was larger than any individual, and Congress understood that oversight was not optional.

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