Category Archives: ballot access

New Jersey: “Andy Kim Sues to Block Preferential Treatment on Ballots in Senate Race”

February 26, 2024, 12:17 pmballot access, election administrationRick Hasen

NYT: Representative Andy Kim, a Democrat running for Senate in New Jersey against the state’s first lady, filed a federal lawsuit on Monday that seeks to redesign the ballot before June’s contentious primary election, arguing the current layout unfairly benefits… Continue reading

“Can Trump Stay on the Ballot? Recapping Trump v. Anderson (with Rick Hasen and Derek Muller)”

February 15, 2024, 7:02 amballot access, Supreme CourtRick Hasen

New “Voting Booth” podcast, hosted by John Fortier and Don Palmer.

On January 6, 2025

February 15, 2024, 6:43 amballot access, electoral collegeDerek Muller

When Congress convenes to count electoral votes on January 6, 2025, it will face intense pressure. If the Supreme Court rejects Colorado’s effort to bar Donald Trump from the primary ballot, its path seems likely to leave the door open… Continue reading

“The Case for Removing Trump From the Ballot Has a Fatal Originalist Flaw”

February 13, 2024, 2:17 pmballot access, Supreme CourtRick Hasen

Brook Thomas in Slate: Oral arguments in the Supreme Court for Donald Trump v. Norma Anderson last week exposed a historical issue that none of the excellent amicus briefs by historians anticipated. Briefs led by Jill Lepore and Vernon Burton convincingly show that the framers of Section… Continue reading

Trump v. Anderson v. Celebrezze

February 9, 2024, 5:27 amballot accessDerek Muller

Professor Marty Lederman has significantly expanded his analysis of the Anderson v. Celebrezze issue in Trump v. Anderson over at Balkinization, here. As ELB readers may recall, I flagged the Anderson issue back in October, and my briefing… Continue reading

“Democrats sound alarm, take action against Biden’s third-party threats”

February 8, 2024, 12:30 pmballot access, third partiesRick Hasen

WaPo: Democratic alarm over third-party challengers spoiling President Biden’s reelection has been growing in recent weeks, prompting a new push both inside the party and among allied outside groups to step up their efforts fighting back. The Democratic National Committee… Continue reading

Rick Hasen Live Blog of Oral Arguments in Trump Disqualification Case at Supreme Court (Updates Complete)

February 8, 2024, 6:33 amballot access, election subversion risk, Supreme CourtRick Hasen

[This live blog is concluded. Stand by for thoughts on the argument.] Today the Supreme Court hears oral argument in Trump v. Anderson. The first thing I’ll be listening for is whether Trump’s lawyer gets any traction with the hyper-technical… Continue reading

My New one at Slate: “Donald Trump Is Asking the Supreme Court for the Bush v. Gore Treatment”

February 7, 2024, 7:24 amballot access, election subversion risk, Supreme CourtRick Hasen

I have written this article for Slate. It begins: The Supreme Court will soon be under the microscope like it hasn’t been since it ended the disputed 2000 U.S. presidential election in Bush v. Gore, as it considers not… Continue reading

Some thoughts on state power to conduct presidential primaries (and why the Moore v. Harper claim may really be legally meritless)

February 6, 2024, 1:41 pmballot access, Elections ClauseDerek Muller

On the heels of some arguments raised by Marty Lederman and challenged by Richard Bernstein, I wanted to weigh in on Professor Lederman’s side–and in doing so, turn to agree with Mr. Bernstein’s sharp observation the Moore v. Harper… Continue reading

Did the Colorado Secretary of State help revitalize the Moore v. Harper issue ahead of the Trump v. Anderson oral argument?

February 4, 2024, 5:15 amballot access, Supreme CourtDerek Muller

In my recent rundown of arguments raised in Trump v. Anderson, I noted that the Legislature Thereof Clause argument–that the state court in Colorado botched the interpretation of state law so badly that it mangled the legislature’s preferences (an open… Continue reading

Trump v. Anderson: the election law case that wasn’t (but might be)

February 2, 2024, 5:27 amballot accessDerek Muller

I have long treated Trump v. Anderson (and related cases) as an election law case first, and as a separate substantive constitutional law (or Section 3) case second. I’ve long had this view on these qualifications cases, stretching back a… Continue reading

Weiser & Wolf: “Responding to Trump’s Moore/Independent State Legislature Theory Claim in Trump v. Anderson”

January 31, 2024, 11:01 amballot access, election subversion risk, Supreme CourtRick Hasen

The following is a guest post from Wendy Weiser and Tom Wolf of the Brennan Center: At the end of his merits brief in Trump v. Anderson, Trump argues that the Colorado Supreme Court violated the federal Electors Clause when… Continue reading

“A User’s Guide to Trump v. Anderson, Part Two: The Three Possible, but Less-than-Ideal, Dispositions of the Case”

January 31, 2024, 10:48 amballot access, Supreme CourtRick Hasen

Thoughtful Marty Lederman blog post, responding in part (and disagreeing with) the argument raised in the amicus brief I filed with Ned Foley and Ben Ginsberg in the case.