Election Law @ Moritz

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Edward B. Foley
Free & Fair is a collection of writings by Edward B. Foley, one of the nation's preeminent experts on election law.

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Recent News & Analysis

Below are the most recent News & Analysis posts on Ballot Access. See All News & Analysis on Ballot Access

9/24/08
Amicus Brief filed in Ohio 5-Day Window Suit

An amicus curiae brief was filed today with the Ohio Supreme Court by 1Matters, the ACLU, and others, in support of the Ohio Secretary of State in State ex rel. Colvin v. Brunner.  The brief supports the position of Secretary of State Jennifer Brunner that Ohio law provides for a five-day window (30-35 days before the election) within which qualified voters may simultaneously register and receive an absentee ballot.  DISCLOSURE: EL@M Associate Director Daniel Tokaji is one of the attorneys who filed the brief on behalf of the amicus curiae. [Read More]

9/19/08
Miss. Gov Agrees to Move Senate Race Up on Ballot

Mississippi Governor Haley Barbour has agreed to move the Senate special election race to the top of the Mississippi general election ballot.  This agreement has come in the wake of the Mississippi Supreme Court's decision yesterday (9/18) that determined that placement of the race at the bottom of the ballot was illegal.  (See EL@M's coverage of this case here). 

Recent Commentary

There are no commentaries on Ballot Access that Election Law @ Moritz has covered, or is covering at this time.

Recent News Stories

Below are the most recent News Stories on Ballot Access. See All News Stories on Ballot Access

9/21/09
N.J. judge refuses to hear ballot challenge from independent gubernatorial candidate Daggett

A judge today refused to immediately hear a lawsuit that claims the way New Jersey law allows gubernatorial candidates to be placed on ballots is unconstitutional, making it unlikely a challenger would have an effect on the upcoming gubernatorial election.

8/30/09
Mass. Attorney General To Rule On Ballot Questions

Wednesday is the deadline for Attorney General Martha Coakley to decide whether each question is eligible for the ballot. Under the Massachusetts Constitution certain subjects are barred from initiative petitions, including those relating to religion, the courts, and certain provisions of the state Declaration of Rights.

8/27/09
Arkansas Green Party Files Lawsuit to Be Restored to the Ballot

On August 27, the Arkansas Green Party filed a lawsuit in U.S. District Court against the state’s definition of “political party”, which is a group that polled 3% for the office at the top of the ticket in the last election.

8/18/09
Moderate Party will be on the ballot in 2010

Today the Rhode Island Board of Elections officially recognized a third political party in the Ocean State -- the Moderate Party. It is slated to stand alongside the Democratic and Republican parties on the 2010 ballot.

8/17/09
Casting a Vote for Fairer Ballot Access

OPINION: It's just under a month before Primary Day, but for 35 would-be candidates, campaign 2009 is already over. These candidates for local office have been removed from the ballot by the Board of Elections as part of New York City's annual ritual of petitions, challenges, objections, hearings and lawsuits—a system that some reformers say needs to be overhauled.

Current Litigation

Below are the Active Cases on Ballot Access . See All Current and Archived Cases on Ballot Access