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Substituting Minor Party Presidential Candidates

Robert Timothy Reagan, Margaret S. Williams, Marie Leary, Catherine R. Borden, Jessica L. Snowden, Patricia D. Breen, Jason A. Cantone
October 2, 2017
Available Online Only

Barr v. Galvin (Nathaniel M. Gorton, D. Mass. 1:08-cv-11340)
A minor party filed a federal complaint seeking an order allowing it to substitute its nominees for President and Vice President for the names used to gather ballot application signatures before the party’s nominating convention. The judge ruled in favor of the party because it was not clear whether statutory provisions on substitution of candidates applied to minor parties’ presidential candidates. After the election, the court of appeals determined that the statutory vagueness should be resolved by state court interpretation.
Subject: Getting on the ballot. Topics: Getting on the ballot; matters for state courts.

One of many Case Studies in Emergency Election Litigation.