From what I can tell, Davis is not on the second ballot - he filed a lawsuit to try and get on it.

Now, that may have changed, but I got caught up reading an interesting commentary on the whole thing:

Findlaw.com
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"Nature has constituted utility to man the standard and test of virtue. Men living in different countries, under different circumstances, different habits and regimens, may have different utilities; the same act, therefore, may be useful and consequently virtuous in one country which is injurious and vicious in another differently circumstanced" - Thomas Jefferson, moral relativist