Comments on: Minor Party and Independent Candidates Are Involved in Constitutional Election Law Cases in At Least 21 States

By: Jeffrey McCloskey

Jeffrey McCloskey — Thu, 03 Dec 2009 08:16:26 +0000

Typically issues not raised before the trial court cannot be raised on appeal, but this is not an absolute. The US Supreme Court has declared 1st Amendment rights cannot be implicitly waived, they must be explicitly waived. Thus, 1st Amendment issues can ALWAYS be raised on appeal, even if not raised first in the trial court.

By: Jim Riley

Jim Riley — Tue, 01 Dec 2009 05:07:05 +0000

I thought you weren’t allowed to introduce new issues at the appellate level.

By: Minor Party and Independent Candidates Are Involved in Constitutional Election Law Cases in At Least 21 States | Independent Political Report

Sun, 29 Nov 2009 06:13:38 +0000

[...] Ballot Access News Minor Party and Independent Candidates Are Involved in Constitutional Election Law Cases in At [...]

By: Richard Winger

Richard Winger — Sun, 29 Nov 2009 06:04:55 +0000

About half the constitutional ballot access cases filed by minor parties and independent candidates win.

Every state has had at least one ballot access law thrown out, in a constitutional case filed by a minor party or an independent, except for Mississippi, New Hampshire, and Montana.

By: BuckeyeKned

BuckeyeKned — Sun, 29 Nov 2009 01:29:17 +0000

And yet there are many in the so-called “liberty movement” that will forsake the 1st amendment rights we want and seek to insure that the only choices are R or D on the ballot. Not very “principled” in my humble opinion.

By: Richard Winger

Richard Winger — Sun, 29 Nov 2009 00:32:06 +0000

It will be when the case gets to the 9th circuit.

By: Jim Riley

Jim Riley — Sun, 29 Nov 2009 00:02:14 +0000

21. Washington: whether the state can limit the general election ballot to the top-two vote-getters in the primary.

Is this actually a live issue at this point?

By: Demo Rep

Demo Rep — Sat, 28 Nov 2009 18:36:56 +0000

Does BAN have THE largest data base for A to Z election law stuff on Mother Earth ??? Amazing.

What percentage of ALL ballot access cases have the minor party and independent candidates won ???

Separate is NOT equal.
Brown v. Bd of Ed. 1954

Each election is NEW and has ZERO to do with any prior election.

Pre-school stuff much too complex for the armies of zombie brain dead MORON lawyers and judges to understand since 1776.

P.R. and A.V.

NO primaries are needed.