A Miami-Dade County voter shows off her 'I voted!' sticker. | Joe Raedle/Getty Images Trump's name can be first on Florida ballot, court says

TALLAHASSEE, Fla. — A federal appeals court on Wednesday dealt a major blow to Democrats in the battleground state of Florida, throwing out a lawsuit that sought to roll back a law that puts President Donald Trump’s name first on the 2020 ballot.

The 11th Circuit Court of Appeals in Atlanta said the group suing Florida over the nearly 70-year-old rule lacked legal standing to challenge the law and failed to prove any injury.


The decision means Florida election officials can keep Republican candidates listed first on the ballot.

U.S. District Judge Mark Walker in November declared the law unconstitutional because it “allows a state to put its thumb on the scale and award an electoral advantage to the party in power.” He issued a permanent injunction that prevented state and local officials from using the law when assembling the 2020 ballot.

But a three-judge panel of the appeals court concluded that the three voters and six organizations that sued — including the Democratic National Committee — had not conclusively shown they were harmed by the ballot order and vacated Walker’s ruling.

“Absent any evidence of vote dilution or nullification, a citizen is not injured by the simple fact a candidate for whom she votes loses or stands to lose an election,” Judge William Pryor wrote for the court.

Florida’s ballot order law was enacted in 1951 when Democrats controlled the legislature and governor’s mansion. It requires that candidates who belong to the party of the governor be listed first on the ballot. Republicans have won every race for governor since 1998.

During last year’s trial, Democrats argued that Republican candidates were benefiting from “position bias” on the ballot and that the law gave the Republican Party an unfair and unconstitutional advantage.

Walker in his ruling agreed with experts who testified that listing Republican candidates first gave them as much as a 5 percent advantage in elections.

Marc Elias, an attorney who represented Democrats in the lawsuit, said the appeals court did not address the assertion that Republicans hold an advantage due to ballot order. In a written statement, he did not rule out further legal action.

“While we disagree strongly with the court's ruling that Democrats don't have standing, it is important to note that the court did not dispute that Republicans are given an unfair advantage due to ballot order,” Elias said. “Arguing that Democrats are not harmed by an illegal and unwarranted five percent Republican advantage in every single election in the state is wrong, inconsistent with running a fair election, and we are considering all of our options in this case. We can assure you that we will take whatever steps are necessary to protect Florida voters this November."

Elections in Florida are often won by narrow margins. Trump four years ago narrowly defeated Democrat Hillary Clinton by fewer than 113,000 votes. He has made the Sunshine State a key part of his reelection strategy.

The ballot order case is just one of a handful of ongoing federal lawsuits targeting the state’s voting and election laws. A trial targeting Florida’s law on felon voting rights currently is underway.