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Signature Requirements for Independent and New-Party Candidates

Robert Timothy Reagan, Margaret S. Williams, Marie Leary, Catherine R. Borden, Jessica L. Snowden, Patricia D. Breen, Jason A. Cantone
April 3, 2015
Available Online Only

Delaney v. Bartlett (Frank W. Bullock, Jr., M.D.N.C. 1:02-cv-741)
On September 6, 2002, a write-in candidate for the U.S. Senate filed a federal challenge to the state’s signature requirement for getting on the ballot as an independent candidate. The district court denied pre-election relief, and the candidate was defeated. In 2004, the judge determined that general-election ballot signature requirements for independent candidates—based on the number of registered voters— and new-party candidates—based on the number of voters in the last gubernatorial election—were an unconstitutional combination. The state modified its requirement for independent candidates to be similar to its requirement for new-party candidates.
Topics: Getting on the ballot; equal protection.

One of many Case Studies in Emergency Election Litigation.