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Sean Pittman
 (305) 681-5042

TALLAHASSEE-- State Representative Willie Logan, who is running as an independent candidate for the U.S. Senate, today filed a lawsuit against the Florida Department of State, alleging bias and exclusive favorable ballot positioning for candidates representing the major political parties. The current system treats candidates who are not members of the Republican and Democratic parties differently with respect to positioning on the general election ballot. Present law grants first position on the general election ballot to the major political party controlling the Governor’s office. The second ballot position then goes to the candidate representing the other of the two major political parties, with subsequent ballot positions then going to minor party candidates and last positioning to candidates like Representative Logan, with no party affiliation. "This reality is unconstitutional and contrary to the will of the people expressed in the 1998 amendment to Article VI of the Florida Constitution, providing for equal access to the ballot," said Representative Logan.

Logan is referring to the 1998 constitutional amendment approved by Florida voters stating, "it is the policy of this state to provide for state-wide elections in which all qualified candidates may compete effectively." Logan believes that the Florida Statute assigning ballot position squarely contradicts the amended mandates of Article VI of the Florida Constitution. "The present ballot positioning is not only contradictory, but infringes upon the federal voting and free association rights of supporters of independent and minor party candidates, disadvantages and violates the rights of non-major party candidates who are denied a favorable ballot position by reason of their choice not to affiliate with the Democratic or Republican party, and confers an unconstitutional advantage to major party candidates," said Logan.

Attorney and Logan Campaign Manager Sean Pittman stated that the Florida Legislature, since the 1998 constitutional mandate to provide for equality in Florida’s election laws, has failed to completely comply with the amendment. "The fact of the matter is that current ballot placement provides an unfair advantage to the major political party candidates and is one of the many inequalities that the constitutional amendment was meant to correct," Pittman said.

Political scientists and American courts continue to present empirical evidence that a certain number of voters will vote for the first name listed on the ballot, regardless of the identity of the candidate. This certain and inevitable advantage is referred to as "position bias" and is frequently a decisive factor in elections. This fact could be problematic for Logan and the four other non-major party candidates in the U.S. Senate race, as the contest could be determined by a fraction of a percentage point. "Even a slight measure of position bias has the effect of distorting the electoral process, particularly in elections where several candidates face off," Logan said. "If average citizens don’t stand up against this, it will have the effect of diluting and devaluing our electoral process and our votes."

Logan, in his lawsuit, is asking the Florida Supreme Court to declare the current statutory provision providing for ballot positions unconstitutional and require the Florida Department of State to place candidate surnames in alphabetical order, or in some other fashion determined by the Court to be just and non-discriminatory towards non-major party candidates."  

I realize we are up against the major parties, their wealth and influence, as well as the money of their special interest and corporate elite friends, but the people have spoken and it is time to do what’s right for a change," Logan concluded.