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Requiring Minor Parties to Qualify for the Ballot in Advance of Major Parties

Robert Timothy Reagan, Margaret S. Williams, Marie Leary, Catherine R. Borden, Jessica L. Snowden, Patricia D. Breen, Jason A. Cantone

April 3, 2023

Barr v. Ireland (John T. Copenhaver, Jr., S.D. W. Va. 2:08-cv-990)
A minor party complained that it was unfair to require it to submit ballot-petition signatures in advance of major parties’ declaring their candidates. The district judge dismissed the complaint, finding the deadline reasonable in light of the time required to verify signatures before the preparation of absentee ballots. The judge also concluded that the reason that the party did not meet the deadline was that it started collecting signatures too late.
Subject: Getting on the ballot. Topics: Getting on the ballot; intervention; absentee ballots.

One of many Case Studies in Emergency Election Litigation.

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Requiring Minor Parties to Qualify for the Ballot in Advance of Major Parties