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De La Fuente Guerra v. Democratic Party of Florida (Robert L. Hinkle, N.D. Fla. 4:16-cv-26), De La Fuente v. Kemp (Richard W. Story, 1:16-cv-256) and De La Fuente v. Kemp (Mark H. Cohen, 1:16-cv-2937) (N.D. Ga.), De La Fuente v. South Carolina Democratic Party (Cameron McGowan Currie, D.S.C. 3:16-cv-322), De La Fuente Guerra v. Winter (Robert C. Brack, D.N.M. 1:16-cv-393), De La Fuente v. Krebs (Roberto A. Lange, D.S.D. 3:16-cv-3035), De La Fuente v. Cortés (John E. Jones III, M.D. Pa. 1:16-cv-1696), De La Fuente v. Wyman (Benjamin H. Settle, W.D. Wash. 3:16-cv-5801), and De La Fuente v. Alcorn (Liam O’Grady, E.D. Va. 1:16-cv-1201)
A prospective candidate for president in 2016 filed federal complaints challenging his exclusion from primary election and general election ballots in several states. In 2018, the candidate achieved a change to ballot access rules in Virginia.
Subject: Getting on the ballot. Topics: Getting on the ballot; pro se party; laches; primary election; matters for state courts; Electoral College; absentee ballots; interlocutory appeal; attorney fees.

One of many Case Studies in Emergency Election Litigation.

Available Online Only

Myers v. Gant (Lawrence L. Piersol, D.S.D. 4:14-cv-4121)
An independent candidate for governor challenged South Dakota’s allowing a major-party candidate—but not an independent candidate—to name a substitute candidate for lieutenant governor. The district judge ruled the proscription unconstitutional and issued a preliminary injunction in the candidate’s favor.
Topics: Getting on the ballot; attorney fees.

One of many Case Studies in Emergency Election Litigation.

Available Online Only

South Dakota Libertarian Party v. Gant (Lawrence L. Piersol, D.S.D. 4:14-cv-4132)
A party’s nominee was disqualified because the nominee’s party change was not effective until it was received by the county auditor, after the nomination. The district judge denied the party and the nominee a preliminary injunction, because the minimal burden of requiring the party change before the nomination was justified by the state’s interest in maintaining party integrity.
Topic: Getting on the ballot.

One of many Case Studies in Emergency Election Litigation.

Available Online Only

Daschle v. Thune (Lawrence L. Piersol, D.S.D. 4:04-cv-4177)
Late on the day before a general election, a U.S. Senator up for reelection filed a federal complaint against his challenger, claiming that the challenger’s supporters were discouraging Native American citizens from voting through a practice of intimidation. After a nighttime evidentiary hearing, the district court granted a temporary restraining order at 1:45 on the morning of the election.
Topics: Party procedures; recusal.

One of many Case Studies in Emergency Election Litigation.

In Print: Available for Distribution

At the request of the Judicial Conference Committee on Court Administration and Case Management, the Federal Judicial Center conducted a study of the use of courtrooms in the U.S. district courts. The committee requested the study in response to a November 2005 congressional subcommittee request for an empirical study of the use of federal courtrooms. The study was conducted between early 2006 and spring 2008, with data collected in twenty-six district courts during the period January 15 - July 15, 2007. For a subsequent report on bankruptcy courtroom use, see The Use of Courtrooms in U.S. Bankruptcy Courts (2010).

Archival Copy on File

Cover letter to Clerk of the Court William F. Clayton's transmittal of the Annual Assessment Report of the Civil Justice Advisory Group for the District of South Dakota to Abel J. Mattos of the Administrative Office

Archival Copy on File

June 1995 Periodic Assessment of civil justice reform efforts in the District of South Dakota

Archival Copy on File

The District Plan and Civil Justice Advisory Group Report for the District of South Dakota

Archival Copy on File

The report of the Civil Justice Advisory Group for the District of South Dakota

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