Florida attorney files lawsuit after Dean Phillips’s name kept off 2024 ballot

A Florida attorney filed a lawsuit against the state Democratic Party after it chose only to include President Joe Biden’s name on its 2024 ballot, effectively canceling the primary election and barring other candidates from challenging his nomination.

Michael Steinberg filed the lawsuit against the Florida Democratic Party and Secretary of State Cord Byrd last week, arguing the process by which candidates are placed on the presidential ballot is unconstitutional. The lawsuit comes one month after Florida Democrats voted unanimously to submit only Biden’s name to state election officials, a move Steinberg argues violated his constitutional right as a voter to choose the party nominee.

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“Were the court to deny relief, a grave inequity would result because only President Joseph Biden would have gained access to the ballot by unconstitutional means,” Steinberg stated in his five-page lawsuit.

As part of his legal challenge, Steinberg specifically named Rep. Dean Phillips (D-MN) as a candidate who should be included on the 2024 ballot, arguing the decision to exclude the Democratic challenger is “arbitrary and capricious.”

“He has appeared on numerous television news programs and his candidacy has been discussed by multiple media sources, including television, print, and social media,” the filing states. “The Florida Democratic Party cannot dispute the Democratic Party credentials of Congressman Dean Phillips. His platform is consistent with the platform of the Democratic Party, he is currently a member of Congress, and has mostly supported the position of President Joe Biden.”

Under Florida law, both political parties can control how they decide to name candidates on the ballot so long as final submissions are given to the state by Nov. 30. Democrats notified the state of their decision on Nov. 1, just days after Phillips launched his campaign.

The decision angered Phillips, who called the move “intentional disenfranchisement” that “runs counter to everything for which our Democratic Party and country stand.”

“Our mission as Democrats is to defeat authoritarians, not become them,” Phillips said in a statement last month.

Officials with the Florida Democratic Party have defended the move, arguing the decision to leave other candidates off the ballot is “not uncommon” and that no one at the state convention submitted Phillips’s name for consideration when the vote occurred.

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“The Florida Democratic Party stands by the decision made by the state executive committee and does not intend to circumvent long-established protocols and procedures for candidates who did not receive nominations,” the party told Politico. 

The state is poised to hold its primary elections on March 19, although Democrats will not have their party primary if a judge rules their decision to keep candidates off the ballot is constitutional. Some Democratic challengers, including Phillips, self-help guru Marianne Williamson, and the Young Turks host Cenk Uygur, have said they plan to challenge the decision.