Tuesday, December 13, 2016


Libertarian Party of New Hampshire loses ballot access suit at First Circuit. Seems to be a rational basis review, which strikes me as wrong, but I have not yet read it. I got interested in election law many years ago as a result of being interested in LP ballot access cases, and thought I'd be involved with them, but I haven't been.

I have now (a few hours later) read the case. It relies mostly on Jenness v Fortson,  but also discusses Anderson v Celebrezze, so it is not clearly in error. It treats the case as a facial challenge which under Salerno, Washington State Grange and Crawford is a high hurdle. The party should have gone with an as-applied challenge.

I will see what Richard Winger has to say.

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