You are here

Preclearance of a Last-Minute Ballot Disqualification

Robert Timothy Reagan, Margaret S. Williams, Marie Leary, Catherine R. Borden, Jessica L. Snowden, Patricia D. Breen, Jason A. Cantone
July 18, 2013
Available Online Only

Connors v. Bennett (W. Harold Albritton, M.D. Ala. 2:02-cv-482)
A state party chair filed a federal action challenging a state court order restoring a candidate to a primary election ballot as a change in voting practices requiring preclearance pursuant to section 5 of the Voting Rights Act. The party excluded the candidate because of a finding concerning the candidate’s residency, but the state court restored the candidate to the ballot. The court ordered service of the complaint on the candidate to afford him an opportunity to intervene. The court ruled against the plaintiff, finding a customary practice of last-minute changes to ballot certifications to correct clerical errors and to accommodate voluntary withdrawals, but not to effect contested disqualifications.
Topics: Getting on the ballot; intervention; section 5 preclearance; three-judge court; primary election; matters for state courts.

One of many Case Studies in Emergency Election Litigation.