A Democratic suit challenging Arizona’s ballot order statute was dismissed Thursday by U.S. District Court Judge Diane Humetewa. The judge stated that the plaintiffs did not have standing to challenge the statute.
The plaintiffs were composed of three voters and three Democratic organizations – the Democratic National Committee, the Democratic Senatorial Campaign Committee and Priorities USA (a Super PAC supporting Democrats – including Mark Kelly in Arizona’s senatorial contest).
They claimed that Arizona’s statutes – which determine which party’s candidates are listed first on a county’s ballots by which party gathered more votes in that county in the previous gubernatorial election. They also claimed that research establishes that the first-listed candidate has an unfair advantage (of between 2.2 and 4.4 percentage points). Based on Governor Doug Ducey’s 2018 win, 82% of Arizonans will receive a ballot with all Republicans listed before their Democratic opponents.