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Getting on the Ballot

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February 10, 2017
Robert Timothy Reagan

Schintzius v. Showalter (John A. Gibney, Jr., E.D. Va. 3:16-cv-740 and 3:16-cv-741)
A case removed to federal court in September sought to get a plaintiff candidate on the November ballot for mayor, claiming that plaintiff ballot petition signers were wrongfully disqualified because they gave their residence addresses instead of their registration addresses under circumstances in which the plaintiffs claimed that the signers could lawfully vote using the old addresses. The district judge denied immediate relief.

Downloadable file:
PDF icon Case Study 2 pages
January 18, 2017
Robert Timothy Reagan, Margaret S. Williams, Marie Leary, Catherine R. Borden, Jessica L. Snowden, Patricia D. Breen, Jason A. Cantone

Naramore v. Posey (L. Scott Coogler, N.D. Ala. 6:12-cv-2584)
A would-be candidate for mayor filed a federal complaint challenging his disqualification for residing in unincorporated territory. An interlocutory consent order resolved the immediate issue in the plaintiff’s favor after three telephone conferences with the judge and the parties.
Topic: Getting on the ballot.

One of many Case Studies in Emergency Election Litigation.

Downloadable file:
PDF icon Case Study 1 page
December 20, 2016
Robert Timothy Reagan, Margaret S. Williams, Marie Leary, Catherine R. Borden, Jessica L. Snowden, Patricia D. Breen, Jason A. Cantone

Boone v. Nassau County Legislature (Joanna Seybert, E.D.N.Y. 2:11-cv-2712)
On the day before a period of collecting ballot petition signatures for a county legislature election, voters filed a federal complaint challenging new district lines. The district judge held preliminary injunction hearings during the following week, but the state high court’s nullification of the district lines mooted the federal case.
Topics: Malapportionment; matters for state courts; section 2 discrimination; case assignment; getting on the ballot; class action.

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November 29, 2016
Robert Timothy Reagan, Margaret S. Williams, Marie Leary, Catherine R. Borden, Jessica L. Snowden, Patricia D. Breen, Jason A. Cantone

Green Party of New York State v. New York State Board of Elections (John Gleeson, E.D.N.Y. 1:02-cv-6465)

Downloadable file:
PDF icon Case Study 2 pages
September 23, 2016
Robert Timothy Reagan, Margaret S. Williams, Marie Leary, Catherine R. Borden, Jessica L. Snowden, Patricia D. Breen, Jason A. Cantone

Parker v. Duran (Martha Vázquez, D.N.M. 1:14-cv-617)
An independent candidate who did not collect enough signatures to appear on the general election ballot filed a federal complaint challenging the signature requirement as improperly greater than the requirement for minor-party candidates. The district court denied the plaintiff relief, and the court of appeals affirmed dismissal of the case.
Topics: Getting on the ballot; equal protection; intervention.

Downloadable file:
PDF icon Case Study 1 page
September 16, 2016
Robert Timothy Reagan

Kowalski v. Cook County Officers’ Electoral Board (John W. Darrah, N.D. Ill. 1:16-cv-1891)
The federal district judge denied relief to a prospective candidate for county recorder of deeds as barred by res judicata and unsuccessful efforts in state courts.
Topics: Getting on the ballot; matters for state courts; pro se party; primary election.

One of many Case Studies in Emergency Election Litigation.

Downloadable file:
PDF icon Case Study 1 page
June 14, 2016
Robert Timothy Reagan, Margaret S. Williams, Marie Leary, Catherine R. Borden, Jessica L. Snowden, Patricia D. Breen, Jason A. Cantone

McClafferty v. Portage County Board of Elections (Sara Lioi, N.D. Ohio 5:09-cv-2210)
A 21-year-old prospective candidate for mayor challenged a requirement that a mayor be at least 23 years of age, which was established after the plaintiff performed well in a mayoral election at the age of 19. Observing that the next election arose before the plaintiff turned 23 only because of a resignation, the district court denied the plaintiff immediate relief.
Topics: Getting on the ballot; ballot language.

Downloadable file:
PDF icon Case Study 1 page
May 13, 2016
Robert Timothy Reagan, Margaret S. Williams, Marie Leary, Catherine R. Borden, Jessica L. Snowden, Patricia D. Breen, Jason A. Cantone

Mendenhall v. Akron Metropolitan Housing Authority (Sara Lioi, N.D. Ohio 5:09-cv-742)
The district judge determined that it was not a First Amendment violation for a housing authority to prohibit door-to-door solicitation, including the collection of ballot petition signatures, in public housing.
Topics: Door-to-door canvassing; getting on the ballot.

One of many Case Studies in Emergency Election Litigation.

Downloadable file:
PDF icon Case Study 1 page
March 3, 2016
Robert Timothy Reagan, Margaret S. Williams, Marie Leary, Catherine R. Borden, Jessica L. Snowden, Patricia D. Breen, Jason A. Cantone

Oliver v. Lewis (Lee H. Rosenthal, S.D. Tex. 4:12-cv-2568)
Defendants removed to federal court a state court challenge to the disqualification of a primary election victor for party disloyalty. Upon the plaintiffs’ agreement to dismissal of a federal constitutional claim by nonsuiting the voter plaintiffs, the district court remanded the case because of the early withdrawal of the federal claim and the complexity of the state claims.
Topics: Matters for state courts; getting on the ballot; primary election.

Downloadable file:
PDF icon Case Study 2 pages
February 24, 2016
Robert Timothy Reagan, Margaret S. Williams, Marie Leary, Catherine R. Borden, Jessica L. Snowden, Patricia D. Breen, Jason A. Cantone

Natural Law Party of Texas v. Bomer (James R. Nowlin, W.D. Tex. 1:00 cv 592)
A district judge determined that it was proper for election officials to use statistical sampling to determine that a new political party had not submitted enough signatures to qualify for a general election ballot. Moreover, the party waited four weeks to file its complaint and then another week to seek an injunction.
Topics: Getting on the ballot; laches; interlocutory appeal.

Downloadable file:
PDF icon Case Study 1 page

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