Category Archives: ballot access

Michigan Court of Appeals keeps Trump on ballot, holds state law does not allow investigation into candidate qualifications

December 14, 2023, 1:33 pmballot accessDerek Muller

Despite hundreds of pages written on Section 3 of the Fourteenth Amendment in recent months, the threshold jurisdictional issue bars yet another claim. The Michigan Court of Appeals (opinion here) follows Arizona and Minnesota in concluding there is… Continue reading

“Colorado Reconsiders Letting Trump on the Ballot”

December 13, 2023, 1:54 pmballot accessDerek Muller

Amy Davidson Sorkin in the New Yorker: There is only one real conclusion to draw from the oral arguments before the Colorado Supreme Court last Wednesday, about whether Donald Trump is constitutionally disqualified from running for President again because… Continue reading

Recent news of pending Section 3 challenges

December 12, 2023, 5:41 amballot accessDerek Muller

In Michigan, the case has been submitted without argument to a court of appeals panel. The Michigan Supreme Court declined to take immediate review of the case. In Colorado, the state supreme court heard oral argument last week.… Continue reading

“Still Annoyed at Biden, New Hampshire Democrats Gear Up to Help Him”

December 11, 2023, 1:34 pmballot access, campaignsDerek Muller

New York Times on a primary write-in campaign: New Hampshire Democrats were furious at President Biden when he shook up the party’s nominating calendar last year, diminishing their state’s political importance by pushing its primary election behind South Carolina’s. Kicking… Continue reading

“The expensive, daunting fight to get RFK Jr.’s name on state ballots”

December 11, 2023, 5:31 amballot accessDerek Muller

Axios: The Kennedy campaign has divided the state requirements into a tiered system based on whether they require a VP pick, the amount of signatures needed, whether there is a date for when they can begin petitioning and their… Continue reading

“Colorado Supreme Court Takes Up Trump’s Eligibility to Be President”

December 6, 2023, 5:44 pmballot access, election subversion riskRick Hasen

NYT: The Colorado Supreme Court heard arguments Wednesday on the question of whether former President Donald J. Trump is barred from holding office again under Section 3 of the 14th Amendment, which disqualifies people who engaged in insurrection against the… Continue reading

“‘Test case’ for America: Colorado’s top court poised to weigh Trump’s eligibility to run again”

December 6, 2023, 8:11 amballot access, election subversion riskRick Hasen

Politico: So far, no court has declared Trump ineligible, and few of the cases have advanced beyond initial stages. In Minnesota, the state supreme court dismissed a challenge seeking to bar Trump from that state’s Republican primary ballot, but… Continue reading

“R.F.K. Jr. Allies Say They’ll Spend Over $10 Million on Ballot Access”

December 4, 2023, 4:24 pmballot access, third partiesRick Hasen

NYT: A super PAC backing the independent presidential candidacy of Robert F. Kennedy Jr. is planning to spend $10 million to $15 million to get Mr. Kennedy on the ballot in 10 states, a substantial effort that, even if partly… Continue reading

“Justice Sandra Day O’Connor Dies; Had Been One of the Last Justices to Help Ballot Access”

December 2, 2023, 11:43 amballot accessRick Hasen

Richard Winger: On December 1, former U.S. Supreme Court Justice Sandra Day O’Connor died. She had been one of the last justices to write anything favorable about minor parties. In 2005, in Clingman v Beaver, she wrote, “Although the State… Continue reading

RNC backs Donald Trump in ballot access dispute–when it didn’t back John McCain, Rick Perry, or Ted Cruz in years past

December 1, 2023, 7:30 amballot access, political partiesDerek Muller

The Republican National Committee (joined by the National Republican Congressional Committee and the National Republican Senatorial Committee) filed an amicus brief in support of Donald Trump in the Minnesota ballot access dispute. In one sense, I suppose, that’s not so… Continue reading

Breaking: “Colorado judge rules Trump ‘engaged in an insurrection’ — but can still run for president”; Thoughts on What It Means and What’s Next

November 17, 2023, 4:56 pmballot access, election subversion riskRick Hasen

Politico: A Colorado judge has turned away a challenge looking to disqualify former President Donald Trump from running for president under an interpretation of the 14th Amendment that argued he engaged in insurrection against the United States on Jan. 6,… Continue reading

Watch Archived Video of Safeguarding Democracy Project Conference: “The Law and Politics of Potentially Disqualifying Donald Trump from Running for President”

October 30, 2023, 5:01 pmballot access, election subversion riskRick Hasen

This virtual conference took place October 20. It was a great set of discussions with Julia Azari, Guy Charles, Edward B. Foley, Mark Graber, Rebecca Green, Gretchen Helmke, Sherrilyn Ifill, Sam Issacharoff, Kurt Lash, Lisa Manheim, Derek Muller, and Daniel… Continue reading

One year later – “What the litigation path of eligibility challenges to Donald Trump may look like”

October 30, 2023, 6:45 amballot accessDerek Muller

Just about one year ago, in November 2022, I wrote the following: If I had a crystal ball into the future of litigation surrounding Donald Trump’s candidacy for the Republican presidential nomination, I would project something like this: In… Continue reading

“Hearings begin as Trump critics attempt to kick him off ballots”

October 27, 2023, 6:46 amballot accessRick Hasen

WaPo: In two courtrooms 900 miles apart, judges next week will begin to weigh an unprecedented and historic question: Is former president Donald Trump eligible to run for office again given his alleged role in the Jan. 6, 2021,… Continue reading