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Reversing a State Supreme Court’s Retroactive Application of a Very Early Ballot Qualification Deadline

Robert Timothy Reagan
December 8, 2017
Available Online Only

Daly v. Tennant (Robert C. Chambers, S.D. W. Va. 3:16-cv-8981)
A state’s secretary of state interpreted a state supreme court’s opinion to retroactively apply an early ballot qualification deadline for independent and unrecognized-party candidates. Two candidates disqualified by the ruling filed a federal complaint, and the district judge granted the candidates a preliminary injunction against the ruling. The plaintiffs were awarded $34,234.81 in attorney fees and costs.
Subject: Getting on the ballot. Topics: Getting on the ballot; matters for state courts; intervention; attorney fees.

One of many Case Studies in Emergency Election Litigation.