You are here

Serving in the Army Reserves While Running for Office

Robert Timothy Reagan, Margaret S. Williams, Marie Leary, Catherine R. Borden, Jessica L. Snowden, Patricia D. Breen, Jason A. Cantone
October 25, 2012
Available Online Only

Neel v. Pippy (Arthur J. Schwab, W.D. Pa. 2:03-cv-302)
Eight days before a special election to fill a vacancy in Pennsylvania’s senate, three voters filed a federal complaint to block the election of a candidate who was a reserve officer recently called to active duty, claiming that the candidacy violated the Military Code. The district court ordered immediate briefing and held a hearing three days later, after which the court concluded that the Military Code did not afford the plaintiffs a private right of action for their case. The military granted the candidate a waiver, and he won.
Topics: Getting on the ballot; intervention.

One of many Case Studies in Emergency Election Litigation.