Politico: California’s new law requiring candidates’ tax returns may be aimed at Donald Trump, but its most consequential effects would likely be felt downballot if it survives a legal challenge.For Republicans who already face a steep climb to blunt Democratic … Continue reading
Category Archives: ballot access
New Vik Amar column. … Continue reading
At the Lectern reports. … Continue reading
CNN reports. … Continue reading
California Gov. Gavin Newsom has signed a bill requiring Presidential candidates (as well as gubernatorial candidates) to supply their tax returns if they want appear on the primary ballot. There is no question the Trump campaign or their allies, and … Continue reading
The decision is here. (h/t, as in everything ballot access, to Richard Winger.) … Continue reading
An interesting commentary on the debate over fusion voting in New York. … Continue reading
Trial has started up in Florida over the law automatically placing candidates of the governor’s party in the first position of the ballot. I’ve been watching this case pretty closely; it’s a really interesting test of the prevailing constitutional doctrine … Continue reading
Arizona law invalidates any signatures collected for a citizens’ initiative, referedum, or recall by a particular circulator, if the circulator is paid or from out of state, and if that circulator is subpoenaed in a challenge and can’t appear in … Continue reading
When partisan officials control the process for certifying summaries and titles for initiatives and referenda heading onto the ballot, there will be controversy along the way. This story is about alleged foot-dragging on beginning the petitioning process to validate a … Continue reading
From the Houston Chronicle. … Continue reading
BAN: On July 3, U.S. District Court Judge Kristin G. Baker enjoined the new Arkansas petition requirement for newly-qualifying parties. Libertarian Party of Arkansas v Thurston, e.d., 4:19cv-214. Here is the 63-page order.Earlier this year, the Arkansas legislature had increased the … Continue reading
Stateline reports. … Continue reading
Opinion by Judge Barrett. … Continue reading
Read Arizona Libertarian Party v. Hobbs. … Continue reading
City & State reports. … Continue reading
WaPo reports. … Continue reading
NYT reports on opposition to the N.Y. Democratic Party’s resolution to eliminate fusion voting. … Continue reading
BAN: On December 3, the Ninth Circuit issued an opinion in Soltysik v Padilla, 16-55758. This is the case in which Emidio “Mimi” Soltysik, a registered Socialist, challenged the California law that forces him to appear on the ballot with … Continue reading
NYT: Representative Chris Collins, the New York Republican indicted on insider trading charges last month, reversed course on Monday and planned to announce he would seek another term, according to two Republicans familiar with his plans. Mr. Collins opted to … Continue reading
Opinion: And although the Supreme Court upheld a five-percent signature requirement in Jenness v. Fortson, 403 U.S. 431, 438 (1971), that signature requirement was analyzed using a less stringent framework than that required by Anderson and Burdick. See Anderson, 460 U.S. … Continue reading
New York Law Journal: The New York Court of Appeals has kicked a candidate for member of the New York State Democratic Committee off the September primary ballot for failing to explicitly state she is a woman. Penny Mintz, who … Continue reading
End of the line, unless Blankenship petitions the U.S. Supreme Court. … Continue reading
BAN: On August 22, U.S. District Court Judge Louise Flanagan, a Bush Jr. appointee, issued a 17-page order in Poindexter v Strach, e.d., 5:18cv-366. The order puts three Constitution Party nominees on the ballot, for legislature and county office. The State Board … Continue reading
Jerry Goldfeder & Myrna Perez: Crowley has taken a different tack. Although he remains on the Working Families line, he immediately endorsed Ocasio-Cortez for the congressional seat. This is not unlike what Andrew Cuomo did in 2002. Running for governor … Continue reading
News and Observer: A judge threw out a new state law Monday, ruling that it violated the constitutional rights of at least two politicians whose 2018 campaigns the law had targeted. Chris Anglin, a Republican candidate for a seat on the … Continue reading
News & Observer: The North Carolina Supreme Court candidate who is suing the state government and legislative leaders won a partial victory in court Monday. Chris Anglin is a registered Republican, and he is running against a Democrat and another … Continue reading
Progressive Pulse: The Constitution Party of North Carolina is following through on its threat to sue the state over ballot access restrictions. The Party and three of its members — James Poindexter of Surry County, Jerry Jones of Greene County … Continue reading
Here is the three-page letter (via Political Wire). If Blankenship sues, the legal questions could get very interesting, especially given the recent change in the law. … Continue reading
West Virginia Public Radio reports. … Continue reading
ABC News: In a statement posted on Facebook, Blankenship conceded that he does not expect the filing to be certified due to West Virginia’s “sore loser” law that prohibits candidates that lost in a primary to run in the general election, but that … Continue reading
Politico: West Virginia coal baron and former prisoner Don Blankenship announced on Monday that he plans to launch a long-shot third-party Senate bid after finishing a distant third in this month’s Republican primary. Blankenship said he would run in the … Continue reading
BAN: On May 1, U.S. District Court Judge Philip Brimmer issued a 25-page order in Goodall v Williams, 1:18cv-980. The order enjoins the Secretary of State of Colorado from enforcing the state’s ban on out-of-state circulators for candidate petitions. It also puts … Continue reading
Steve Klepper: The Maryland high court is about to hear, on emergency briefing, the appeal in Lamone v. Lewin. The administrator of the State Board of Elections is challenging the April 26 injunction requiring that former state senator Nathaniel Oaks’ name … Continue reading
Daily Beast: The former Green Party candidate in a congressional race has been exposed as a Republican plant with ties to the GOP congressman he supposedly sought to challenge Michael Zak petitioned to run under the Green Party ticket in … Continue reading
AP: A man who registered as a Green Party candidate for Montana’s U.S. Senate race was on the state Republican Party’s payroll and heads a newly formed anti-tax group, according to a review of election documents. Timothy Adams filed as … Continue reading
Matt Ford for TNR. … Continue reading
Richard Winger: The opinion says that the March 27 petition deadline is too early, especially given winter weather in South Dakota. It also says the 2.5% (of the last gubernatorial vote) is also too high, given the historical record of … Continue reading
Potentially big news in Texas: Dallas County Republicans have filed a lawsuit to have 128 Democrats kicked off the March 6 primary ballot. The lawsuit, filed in Dallas County late Friday, contends that Dallas County Democratic Party Chairman Carol Donovan didn’t … Continue reading
BAN reports. … Continue reading
That’s the results as of this moment. There are still (not many) provisional ballots to count and a possible recount. If the state had used instant runoff voting, it could have affected who controlled state legislative house. … Continue reading
Politico: Efforts to pry loose President Donald Trump’s tax returns at the state level have hit a wall, stalling in statehouses across the country including in California, a hotbed of anti-Trump resistance. Democratic Gov. Jerry Brown vetoed legislation late Sunday … Continue reading
Goldfeder and Perez write for the NYLJ. … Continue reading
Fascinating. Under Montana law, if Clements had applied to be a formal candidate in the mayor’s race, all write-in names would have counted. But because he’s the only registered write-in candidate and no one is on the regular ballot, none … Continue reading
BAN: On September 22, the Seventh Circuit issued a 12-page opinion in Libertarian Party of Illinois v Scholz, 16-1667. The opinion says the U.S. District Court was correct when it invalidated the Illinois “full-slate” ballot access restriction. The law, which has existed … Continue reading
Judge Brown opinion, with a Judge Pillard concurrence. The majority opinion begins: Every four years, we suffer through the celebration of democracy (and national nightmare) that is a presidential election. And, in the end, one person is selected to occupy … Continue reading
BAN with a link to the ruling. … Continue reading
If true this is a big problem. … Continue reading
Read the order and opinion here. … Continue reading
Deseret News: A newly formed Utah political party filed a lawsuit Wednesday against the lieutenant governor’s office seeking to gain access to the ballot for the 3rd District special election to replace Rep. Jason Chaffetz, R-Utah. The United Utah Party … Continue reading