Democrats rarely get listed first on Arizona ballots. Now they're suing to change that

Andrew Oxford | The Republic | azcentral.com

Democrats filed a lawsuit against the state Friday over their second billing on many Arizona ballots, arguing that consistently listing their candidates below Republicans leaves them at a disadvantage.

Under Arizona law, the party with the candidate that got the most votes for governor in any given county gets the top spot on the next general election ballot. The party with the runner-up gets the second spot.

That means Democrats will be listed beneath Republicans on the general election ballot in most counties during the high-stakes 2020 election, including in Maricopa County, where Gov. Doug Ducey won nearly 200,000 more votes than Democratic nominee David Garcia last year.

Democrats will be listed after Republicans on ballots in 11 of 15 counties, the lawsuit says.

Though the law sets ballot order based on the results of the previous gubernatorial election, it affects the list of candidates for all partisan races, including president.

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So, ballot order has become one more detail politicians and parties are scrutinizing ahead of a looming election in which Arizona could prove crucial. Arizonans will decide on a Senate seat and — with Arizona viewed as a possible swing state — could even cast the pivotal votes in the presidential race.

In a lawsuit filed in federal court, Democrats argued the current ballot order will give Republicans a "significant, state-mandated advantage."

“An unbiased ballot is one of the cornerstones of our democratic system, and this joint effort will help make sure no one political party is given an unfair advantage at voters’ expense,” Democratic National Committee Chair Tom Perez said in announcing the lawsuits.

The case comes down to the "ballot order effect" — the psychological and sociological concept that candidates listed first tend to get more votes.

The lawsuit notes Arizona law already requires that candidates' names are alternated in primary elections so that no one candidate is listed first on each ballot.

And the lawsuit points out that other federal courts have repeatedly struck down laws that seem to slant the order of candidates on the ballot to favor one or another, such as by listing incumbents first.

The lawsuit asks a federal judge declare Arizona's ballot order law unconstitutional and require the Secretary of State use a system that gives major parties equal opportunity to be listed first on the ballot.

Democratic groups filed the lawsuit as part of a multi-state push targeting similar laws in Texas and Georgia.

The Arizona lawsuit was filed by the Democratic Congressional Campaign Committee, Democratic National Committee and the super PAC Priorities USA.

Two young Arizonans joined the lawsuit here, too — Brian Mecinas, a freshman at Arizona State University, and Glendale resident Carolyn Vasko, who will turn 18 next year. According to the suit, both have supported Democratic candidates in the past, and seek a fair election system when they vote in 2020 — for the first time, in Vasko's case.

Secretary of State Katie Hobbs, a Democrat and Arizona's top election official, is listed as the defendant. Her office said it does not comment on current litigation.

The Arizona Republican Party did not immediately comment.

Contact Andrew Oxford at andrew.oxford@arizonarepublic.com or on Twitter at @andrewboxford.