Category Archives: ballot access

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

“The No Labels Party’s Radical New Plan to Force a Contingent Election”

October 24, 2023, 7:25 amballot access, political partiesRick Hasen

Third Way memo (via Playbook): Since they launched their third-party presidential effort last year, the No Labels Party has repeated a central refrain: “our bipartisan ticket, led either by a Democrat or a Republican, will not be a spoiler—we are… Continue reading

“Lawsuit to block Trump from Colorado 2024 ballot survives more legal challenges”

October 22, 2023, 8:34 amballot access14th Amendment, Trump's EligibilityTabatha Abu El-Haj

CNN: Colorado judge presiding over the trial rejected on Friday three more attempts by former President Donald Trump and the Colorado GOP to dismiss the lawsuit seeking to block him from appearing as a presidential candidate in Colorado in… Continue reading

“Third Party Candidates Shouldn’t Get Their Hopes Up”

October 18, 2023, 4:10 amballot access, political parties, third partiesTabatha Abu El-Haj

Andy Craig offers a thorough explanation of why a random third party run is unlikely to be successful, even if the candidate has name recognition and some popularity. Think Joe Manchin or Larry Hogan. Craig could have gone further: It… Continue reading

“Fearing Third-Party Spoilers vs. Trump, Biden Allies Try to Squash Them”

October 9, 2023, 7:45 amballot access, third partiesRick Hasen

NY Times: Powerful allies of President Biden are aggressively working to stop third-party and independent presidential candidacies, fearing that an outside bid could cost Democrats an election that many believe will again come down to a few percentage points in… Continue reading

“Robert F. Kennedy Jr. Flirts With the Libertarian Party”

September 24, 2023, 10:40 amballot access, third partiesRick Hasen

NYT: For months, Robert F. Kennedy Jr. has said he plans to continue his long-shot challenge against President Biden in the Democratic primary rather than dropping out to launch a third-party bid. But lately Mr. Kennedy’s message has seemed to… Continue reading

“No Labels preps playbook to select presidential candidates, broaden support”

August 30, 2023, 7:23 amballot access, third partiesRick Hasen

WaPo reports. Politico: A 6-figure Donald Trump donor is now a No Labels adviser

“‘Anti-Fusion Voting’ Laws and the Problem With a Two-Party System”

July 17, 2023, 3:15 pmballot access, third partiesDan Tokaji

Udi Ofer in Law.com, reviewing amicus briefs in a case before the N.J. Supreme Court challenging the state’s ban on cross-nominating candidates.

“No Labels releases proposals to guide third-party presidential ticket”

July 16, 2023, 4:18 amballot access, third partiesDan Tokaji

WaPo: “The group is working across the country to get state ballot access for a potential third-party presidential run next year, sparking widespread concern from Democrats and anti-Trump conservatives that the effort could aide the election of former president… Continue reading

“A Mysteriously Financed Group That Could Upend a Biden-Trump Rematch”

July 3, 2023, 7:34 amballot access, third partiesRick Hasen

Julie Bykowicz for WSJ: The 13-year-old nonprofit group, which has a $70 million budget, has qualified for the ballot in Arizona, Alaska, Colorado, Oregon and Utah and is pursuing access elsewhere. Arizona Democrats are suing to kick No Labels off the… Continue reading

Josh Douglas Blog Post: “Justice Stevens’s Papers and Burdick v. Takushi”

June 5, 2023, 7:14 amballot access, Supreme CourtRick Hasen

The following is a guest post from Josh Douglas: Like Rick, when I was in DC last week I visited the Library of Congress to review the newly-released papers of Justice John Paul Stevens. (Shout-out to the… Continue reading

Muller on Ballot Access

May 21, 2023, 10:02 amballot accessDerek Muller

Derek T. Muller, Ballot Access (forthcoming, Oxford Handbook of American Election Law): Voters use ballots to choose their preferred candidates or to express support or opposition to ballot initiatives and referenda. There are many and diverse rules for how these… Continue reading